Smith v. McDaniel et al

Filing 92

ORDER denying ECF No. 89 Motion for order requiring attorney to turn over case file; Clerk directed to mail order to Plaintiff at Ely State Prison (mailed 01/05/2017). Signed by Judge Robert C. Jones on 01/04/2017. (Copies have been distributed pursuant to the NEF - KW)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 8 ROBERT ANTHONY SMITH, 9 Petitioner, 10 vs. 11 3:08-cv-00335-RCJ-WGC RENEE BAKER, et al., ORDER 12 13 Respondents. _____________________________/ 14 15 In this habeas corpus action, the petitioner, Robert Anthony Smith, is represented by court- 16 appointed counsel. On August 25, 2015, this court denied Smith relief, and judgment was entered 17 accordingly. See Order entered August 25, 2015 (ECF No. 81); Judgment (ECF No. 82). Smith 18 appealed, and the court of appeals affirmed on October 20, 2016. See Memorandum Order filed 19 October 20, 2016 (ECF No. 87). The court of appeals issued its mandate on November 15, 2016 20 (ECF No. 88). 21 22 On December 5, 2016, Smith, acting pro se, filed a motion (ECF No. 89), seeking an order of this court compelling his attorney to turn over to him her file relative to this case. 23 Smith does not show that court intervention is required, at this time, with respect to his wish 24 to receive materials regarding his case from his attorney. This case was only recently resolved at the 25 court of appeals level. There is no indication that Smith has written to his attorney, or otherwise 26 1 contacted her, to request materials related to his case. And, there is no indication that his attorney 2 refuses, or will refuse, to turn materials over to Smith in a manner consistent with her ethical 3 obligation. 4 The court will, therefore, deny Smith’s motion, without prejudice to him filing a new motion 5 in this regard, if necessary, after a reasonable amount of time, if Smith is unable to obtain materials 6 regarding his case from his attorney. 7 8 9 10 IT IS THEREFORE ORDERED that petitioner’s motion for order requiring attorney to turn over case file (ECF No. 89) is DENIED. IT IS FURTHER ORDERED that the Clerk of the Court shall serve a copy of this order on petitioner, by mail, at Ely State Prison. 11 12 Jan Dated this _____ day of January, 2017. 4th day of December, 2016. 13 14 UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 2

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