Smith v. McDaniel et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
ROBERT ANTHONY SMITH,
RENEE BAKER, et al.,
In this habeas corpus action, the petitioner, Robert Anthony Smith, is represented by court-
appointed counsel. On August 25, 2015, this court denied Smith relief, and judgment was entered
accordingly. See Order entered August 25, 2015 (ECF No. 81); Judgment (ECF No. 82). Smith
appealed, and the court of appeals affirmed on October 20, 2016. See Memorandum Order filed
October 20, 2016 (ECF No. 87). The court of appeals issued its mandate on November 15, 2016
(ECF No. 88).
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.
Smith does not show that court intervention is required, at this time, with respect to his wish
to receive materials regarding his case from his attorney. This case was only recently resolved at the
court of appeals level. There is no indication that Smith has written to his attorney, or otherwise
contacted her, to request materials related to his case. And, there is no indication that his attorney
refuses, or will refuse, to turn materials over to Smith in a manner consistent with her ethical
The court will, therefore, deny Smith’s motion, without prejudice to him filing a new motion
in this regard, if necessary, after a reasonable amount of time, if Smith is unable to obtain materials
regarding his case from his attorney.
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.
Dated this _____ day of January, 2017.
4th day of December, 2016.
UNITED STATES DISTRICT JUDGE
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