Taylor et al v. Myles et al

Filing 64

ORDER granting ECF Nos. 53 / 56 Motion to Withdraw counsel Richard Cornel and Donald Bergerson; denying as moot ECF Nos. 55 Motion/Application for Leave to Proceed in forma pauperis and 60 Motion for Appointment of Counsel. Signed by Judge Miranda M. Du on 2/8/2018. (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 MICHELLE TAYLOR, 9 Case No. 3:13-cv-00035-MMD-VPC Petitioner, ORDER v. 10 CAROLYN MYLES, 11 Respondents. 12 13 On March 21, 2017, this Court denied Michelle Taylor’s counseled petition for writ 14 of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 49), and judgment was entered 15 (ECF No. 50). Taylor filed a notice of appeal with the Ninth Circuit Court of Appeals (ECF 16 No. 51). Counsel for petitioner filed motions in this Court and the appeals court to 17 withdraw as counsel, and Taylor apparently filed pro se motions in both courts as well 18 (see ECF Nos. 53, 55, 56, 60). The Ninth Circuit has now granted a motion to substitute 19 counsel, and the Federal Public Defender has been appointed to represent Taylor on 20 appeal. 21 22 It is therefore ordered that the motions to withdraw as counsel by Richard Cornell (ECF No. 53) and Donald Bergerson (ECF No. 56) are granted. 23 It is further ordered that petitioner’s application for leave to proceed in forma 24 pauperis (ECF No. 55) and motion for appointment of counsel (ECF No. 60) are denied 25 as moot. 26 DATED THIS 8th day of February 2018. 27 28 MIRANDA M. DU UNITED STATES DISTRICT JUDGE

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