Holden v. Nevins et al
Filing
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ORDER. IT IS ORDERED that 51 petitioner's proper person motion for withdrawal of attorney is DENIED. IT IS FURTHER ORDERED that 52 petitioner's proper-person motion for appointment of counsel is DENIED. IT IS FURTHER ORDERED that 55 petitioner's proper-person motion to stay is DENIED. Signed by Judge James C. Mahan on 11/14/2017. (Copies have been distributed pursuant to the NEF - ADR)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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JIM BASS HOLDEN,
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Petitioner,
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vs.
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WARDEN NEVINS, et al.,
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Case No. 2:13-cv-00668-JCM-GWF
Respondents.
ORDER
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Petitioner has filed a motion for withdrawal of attorney (ECF No. 51), a motion for
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appointment of counsel (ECF No. 52), and a motion to stay (ECF No. 55). Counsel represents
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petitioner, and petitioner cannot file proper-person motions. LR IA 11-6(a). That reason alone is
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enough to deny these motions.
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Additionally, respondents’ arguments are correct. Petitioner wants new counsel to present a
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new Sixth Amendment claim. This claim is untimely on its own, and it also does not relate back to
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the claim in the amended petition (ECF No. 39) or any of the claims in the initial petition (ECF No.
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4). See 28 U.S.C. § 2244(d)(1); Mayle v. Felix, 545 U.S. 644 (2005). The amended petition is fully
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briefed and is ready for decision. Under these circumstances, further amendment would be futile.
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IT IS THEREFORE ORDERED that petitioner’s proper person motion for withdrawal of
attorney (ECF No. 51) is DENIED.
IT IS FURTHER ORDERED that petitioner’s proper-person motion for appointment of
counsel (ECF No. 52) is DENIED.
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IT IS FURTHER ORDERED that petitioner’s proper-person motion to stay (ECF No. 55) is
DENIED.
DATED: November 14, 2017.
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_________________________________
JAMES C. MAHAN
United States District Judge
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