Friedman v. Cox et al

Filing 42

ORDER. IT IS ORDERED that Mr. Oram shall have thirty (30) days from entry of this order within which to present a filing seeking substitution or other relief that fully complies with Local Rule LR IA 11-6. See Order for details. Signed by Judge Richard F. Boulware, II on 5/8/2018. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8

KENNETH FRIEDMAN,

Case No. 2:15-cv-00380-RFB-CWH

9
Petitioner,

ORDER

10
vs.
11
12

JAMES COX, et al.,

13

Respondents.

14
15

This represented habeas matter under 28 U.S.C. § 2254 comes before the Court

16

following upon two filings by counsel who has not properly been substituted as counsel of

17

record in this matter.

18

The record reflects that Lisa Rasmussen remains as petitioner’s counsel of record in

19

this matter. On March 13, 2018, Christopher Oram filed a notice of appearance. On May 8,

20

2018, Mr. Oram filed a status report on behalf of petitioner as petitioner’s purported counsel

21

of record. (See ECF Nos. 40 & 41.) Local Rule LR IA 11-6 provides a specific procedure for

22

withdrawal and/or substitution of counsel. The rule does not permit a different attorney to

23

simply file a notice of appearance and begin representing a party as counsel of record.

24

Nothing in the current record reflects that Mr. Oram merely is an associate in Ms.

25

Rasmussen’s office or otherwise is seeking to appear as co-counsel. The special rule under

26

Local Rule LSR 3-6 for substitution of a deputy attorney general or assistant federal public

27

defender in a habeas action does not apply in this action, as neither Mr. Rasmussen nor Mr.

28

Oram are with the federal public defender. Petitioner’s counsel instead is retained. Nor has

1

the Court been made aware of any exigency that would warrant waiving full compliance with

2

the local rule, as was the case following upon the late Mr. Potter’s health issues. (Cf. ECF No.

3

33, at 1.)

4

IT THEREFORE IS ORDERED that Mr. Oram shall have thirty (30) days from entry

5

of this order within which to present a filing seeking substitution or other relief that fully

6

complies with Local Rule LR IA 11-6. If he fails to timely comply fully with the requirements

7

of the local rule, he will be terminated as counsel on the docket sheet and all filings submitted

8

under his signature will be stricken. If Mr. Oram is seeking to appear only as co-counsel, all

9

filings hereafter by petitioner shall reflect such joint representation.

10
11

DATED: May 8, 2018.

12
13
14

_______________________
RICHARD F. BOULWARE, II
United States District Judge

15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-