Randolph v. MCDANIEL et al

Filing 77

IT IS ORDERED that Petitioner's Motion to Withdraw Motions (ECF 76 ) is GRANTED. IT IS FURTHER ORDERED that Petitioner's Motion for Leave to Proceed "Pro Se" (ECF No. 71 ) and Verified Motion for Order to Terminate FPD [and] I nvocation of Right to Self-Representation [and] Demand for an Immediate End to Unnecessary Unwanted Suspension of Proceedings (ECF No. 72 ) are DENIED as moot. Signed by Judge Larry R. Hicks on 12/9/2019. (Copies have been distributed pursuant to the NEF - LE)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES LEE RANDOLPH,

Case No. 3:08-cv-00650-LRH-CLB

Petitioner,

ORDER GRANTING PETITIONER’S
MOTION TO WITHDRAW PREVIOUS
MOTIONS (ECF NO. 76) AND DENYING
PREVIOUS MOTIONS (ECF NOS. 71,
72) AS MOOT

v.

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WILLIAM GITTERE, et al.,
Respondents.

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This is a habeas corpus action brought by Charles Lee Randolph, a Nevada

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prisoner sentenced to death. On July 29, 2019, the Court ordered Randolph’s prior

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counsel, James Colin, discharged from his representation of Randolph. See Order

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entered July 29, 2019 (ECF No. 64). On October 15, 2019, the Court appointed new

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counsel -- the Federal Public Defender for the District of Idaho (FPD) – to represent

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Randolph, and the Court set a schedule for Randolph, with his new counsel, to file a

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second amended habeas petition. See Order entered October 15, 2019 (ECF No. 67).

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The second amended petition is due on April 13, 2020. See Order entered October 15,

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2019 (ECF No. 67).

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On August 9, 2019, Randolph filed, pro se, a motion requesting leave of court to

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represent himself and requesting that his action proceed without delay on his first

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amended petition (ECF No. 65). The Court denied that motion in the October 15 order,

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without prejudice to Randolph filing a new motion requesting leave to proceed pro se

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after he had the opportunity to consult with his new counsel. See Order entered October

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15, 2019 (ECF No. 67), p. 3.

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On November 4, 2019, Randolph filed two more pro se motions: a “Motion for

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Leave to Proceed Pro Se” (ECF No. 71) and a “Verified Motion for Order to Terminate

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FPD [and] Invocation of Right to Self-Representation [and] Demand for an Immediate
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End to Unnecessary Unwanted Suspension of Proceedings” (ECF No. 72) (“November

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4 motions”). In those motions, Randolph renewed his request for leave of court to

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represent himself in this action and his request that this action proceed without delay on

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his first amended petition. On November 26, 2019, the Court held a hearing, to hear

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from Randolph, the FPD, and Respondents, regarding Randolph’s motions. At the

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hearing, Randolph reiterated his requests that the FPD be discharged, that he be

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allowed to proceed pro se, and that the action proceed on the first amended petition.

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On December 3, 2019, however, the FPD filed, on Randolph’s behalf, a motion
(ECF No. 76) requesting leave to withdraw his previous motions. In that motion, counsel

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notifies the Court that Randolph has had a change of heart and wishes for the FPD to

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continue to represent him and file a second amended habeas petition on his behalf. The

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FPD informs the Court that Respondents’ counsel has informed them that Respondents

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take no position on the motion.

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In the interests of justice, and good cause appearing,

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IT IS THEREFORE ORDERED that Petitioner’s Motion to Withdraw Motions

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(ECF No. 76) is GRANTED.

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IT IS FURTHER ORDERED that Petitioner’s Motion for Leave to Proceed Pro

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Se” (ECF No. 71) and Verified Motion for Order to Terminate FPD [and] Invocation of

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Right to Self-Representation [and] Demand for an Immediate End to Unnecessary

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Unwanted Suspension of Proceedings (ECF No. 72) are DENIED as moot.

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DATED this 9th day of December, 2019.

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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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