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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MICHELLE TAYLOR,

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Case No. 3:13-cv-00035-MMD-VPC
Petitioner,

ORDER

v.
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CAROLYN MYLES,
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Respondents.
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On March 21, 2017, this Court denied Michelle Taylor’s counseled petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2254 (ECF No. 49), and judgment was entered

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(ECF No. 50). Taylor filed a notice of appeal with the Ninth Circuit Court of Appeals (ECF

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No. 51). Counsel for petitioner filed motions in this Court and the appeals court to

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withdraw as counsel, and Taylor apparently filed pro se motions in both courts as well

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(see ECF Nos. 53, 55, 56, 60). The Ninth Circuit has now granted a motion to substitute

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counsel, and the Federal Public Defender has been appointed to represent Taylor on

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appeal.

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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.

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It is further ordered that petitioner’s application for leave to proceed in forma

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pauperis (ECF No. 55) and motion for appointment of counsel (ECF No. 60) are denied

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as moot.

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DATED THIS 8th day of February 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE