Perez v. Baker et al

Filing 55

ORDER - Because the petitioner remains represented by counsel in this matter and no motion to withdraw counsel has been filed, the respondents motion to strike (ECF No. 54 ) is hereby GRANTED. The petitioners motion for relief from judgment (ECF No. 53 ) is therefore STRICKEN. The striking of the document is without prejudice to the filing of a new motion either by counsel of record or by the petitioner pro se after a withdrawal of current counsel. Signed by Judge Howard D. McKibben on 7/19/2022. (Copies have been distributed pursuant to the NEF - CJD)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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NOE ORTEGA PEREZ,

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Petitioner,

v.

ORDER

BAKER, WARDEN, et al.,
Respondents.

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The petitioner in this counseled habeas petition has filed a

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Case No. 3:17-cv-00538-HDM-CLB

pro

se

motion

for

relief

pursuant

to

Federal

Rule

of

Civil

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Procedure 60(b) (ECF No. 53). Respondents move to strike the

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pleading as improperly filed in violation of Local Rule IA 11-

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6(a), which prohibits the filing of pro se documents where a party

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is represented by counsel (ECF No. 54). The petitioner has not

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responded to the motion to strike, and the time for doing so has

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expired.

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Because the petitioner remains represented by counsel in this

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matter and no motion to withdraw counsel has been filed, the

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respondents’ motion to strike (ECF No. 54) is hereby GRANTED. The

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petitioner’s motion for relief from judgment (ECF No. 53) is

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therefore

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prejudice to the filing of a new motion either by counsel of record

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or by the petitioner pro se after a withdrawal of current counsel.

STRICKEN.

The

striking

of

the

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IT IS SO ORDERED.

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DATED: This 19th day of July, 2022.

document

is

without

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UNITED STATES DISTRICT JUDGE