Hidalgo v. LeGrand et al

Filing 49

ORDER that Hidalgo's counsel's motion to withdraw ECF No. 39 is granted; Ms. Wilson is terminated as counsel of record for Hidalgo; all briefing deadlines on Respondents' motion to dismiss ECF No. 40 are continued without d ate until further order of the Court; Clerk directed to forward a copy of order to CJA Coordinator (e-served on 2/11/2019) and send hard copy of order to Mr. Hidalgo at his institutional address (mailed to P on 2/11/2019). Signed by Judge Miranda M. Du on 2/11/2019. (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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LUIS A. HIDALGO,

Case No. 3:16-cv-00618-MMD-WGC
Petitioner,

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ORDER

v.
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ROBERT LeGRAND, et al.,
Respondents.

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This habeas matter under 28 U.S.C. § 2254 by Petitioner Luis Hidalgo comes

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before the Court on Hidalgo’s counsel’s motion to withdraw (ECF No. 39) and further in

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connection with Respondents’ motion to dismiss (ECF No. 40).

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For good cause shown, the motion to withdraw will be granted. As to the motion to

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dismiss, the Court will continue the briefing on the motion without date pending entry of a

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scheduling order after replacement counsel is appointed. The scheduling order first will

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give replacement counsel an opportunity to review the matter and potentially seek other

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relief, such as leave to amend the pleadings. In the meantime, the motion to dismiss

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remains pending; but Hidalgo has no obligation to respond to the motion, either through

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counsel or in proper person.
It is therefore ordered that Hidalgo’s counsel’s motion to withdraw (ECF No. 39) is

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granted, and Ms. Wilson is terminated as counsel of record for Hidalgo.

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It is further ordered that all briefing deadlines on Respondents’ motion to dismiss

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(ECF No. 40) are continued without date until further order of the Court, such that Hidalgo

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has no obligation to respond to the motion at this time.

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It is further ordered that the Clerk of Court will forward a copy of this order to the

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CJA Coordinator to secure a replacement panel attorney to represent Hidalgo. When

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replacement counsel is secured, the coordinator will forward counsel’s name and contact

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information to staff attorneys Messrs. Baker and King to draft a formal appointment order

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with scheduling provisions tailored to the case.

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It is further ordered that the Clerk further will send a hard copy of this order to Mr.

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Hidalgo in proper person at his institutional address and reflect that additional transmittal

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either in the notice of electronic filing and/or the docket entry for this order.

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DATED THIS 11th day of February 2019

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________________________________
MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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