Melendez v. Neven

Filing 34

ORDER that 32 Motion to Appoint Counsel is DENIED without prejudice. Melendez has until December 7, 2017, to hire new counsel or seek other appropriate relief, including the filing of a renewed motion for appointment of counsel.FURTHER ORDERED t hat, in order to give Melendez an opportunityto retain new counsel or seek other appropriate relief, the motion to stayproceedings [ECF No. 29 ] is GRANTED. This case is STAYED until further order of the court. Signed by Judge Jennifer A. Dorsey on 11/7/17. (Copies have been distributed pursuant to the NEF - MMM)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

Manuel Melendez,
Petitioner
v.

2:15-cv-02076-JAD-VCF
Order
[ECF Nos. 29, 32]

Dwight Neven, et al.,
Respondents
Petitioner Manuel Melendez is represented in this 28 U.S.C. § 2254 habeas
corpus action by Cal Potter III and Cal Potter IV of Potter Law Offices. The Potters
filed a motion to withdraw as counsel1 and a motion to stay proceedings2 to allow
Melendez an opportunity to retain new counsel. The Potters assert that Potter III
can no longer represent Melendez due to his present physical condition and that
Potter IV cannot continue the representation without the assistance of Potter III.
Melendez opposes the motion to withdraw.3 In the alternative, Melendez moves for
appointment of counsel4 and requests an order requiring counsel to provide him
with his case file.5 Good cause exists to grant the Potters’ motion to withdraw. But
in light of Melendez’s motion for his case file and his motion for appointment of
counsel, I defer my motion-to-withdraw order until I know whether Melendez will
be represented by new counsel or himself.

1

ECF No. 30.

2

ECF No. 29.

3

ECF No. 31.

4

ECF No. 32.

5

ECF No. 33.

Under 18 U.S.C. § 3006A(a)(2)(B), the court may appoint counsel for a
petitioner seeking relief under 28 U.S.C. § 2254 if the petitioner is financially
eligible and the court determines that appointment of counsel would be in the
interests of justice. Melendez’s motion for appointment of counsel does not,
however, establish that he is financially eligible or that appointment of counsel is in
the interests of justice.
Accordingly, IT IS HEREBY ORDERED that Melendez’s motion for
appointment of counsel [ECF No. 32] is DENIED without prejudice. Melendez has
until December 7, 2017, to hire new counsel or seek other appropriate relief,
including the filing of a renewed motion for appointment of counsel. If Melendez
does not do so within that time period, this case will proceed as a pro se action, with
Melendez representing himself without the assistance of counsel.
IT IS FURTHER ORDERED that, in order to give Melendez an opportunity
to retain new counsel or seek other appropriate relief, the motion to stay
proceedings [ECF No. 29] is GRANTED. This case is STAYED until further order
of the court.
DATED: November 7, 2017.
_______________________________
______________________
__ ___ _ _____ _
____
Jennifer A. Do y
Dorsey
nnifer A. Dorsey
ni
o
United States District Jud
nited States District Judge
ed ta
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