Hidalgo v. Baca et al

Filing 17

ORDER that Petitioner's motion for withdrawal and appointment of new counsel (ECF No. 13 ) is denied; Petitioner's motion for clarification (ECF No. 12 ) is denied as moot; Clerk instructed to send a copy of this Order to Petitioner (mailed to P on 8/6/2018). Signed by Judge Miranda M. Du on 8/6/2018. (Copies have been distributed pursuant to the NEF - LH)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 *** 9 LUIS ALONSO HIDALGO, JR., 10 11 12 Case No. 3:18-cv-00153-MMD-VPC Petitioner, ORDER v. STATE OF NEVADA, et al., Respondents. 13 14 This habeas matter comes before the Court on Petitioner’s pro se motion seeking 15 the withdrawal of appointed counsel and appointment of new counsel. (ECF No. 13.) 16 Petitioner is currently represented by David Neidert, Esq. Petitioner had previously filed 17 a motion for clarification seeking confirmation that Mr. Neidert was his appointed counsel. 18 (ECF No. 12.) Petitioner filed that motion just weeks after counsel had been appointed in 19 his case. 20 On August 1, 2018, Mr. Neidert filed a response, under seal, addressing 21 Petitioner’s motions. (ECF No. 16.) Mr. Neidert indicates that he met with Petitioner, prior 22 to Petitioner’s filing of the motion for withdrawal, and that they had a productive meeting. 23 (Id.) Mr. Neidert further indicates that he is actively working on Petitioner’s case. 24 Motions for appointment of new counsel may be granted “in the interests of justice.” 25 18 U.S.C. § 3006(A)(c); see also Martel v. Clair, 565 U.S. 648, 658 (2012). On the record 26 before the Court, there is no basis for granting Petitioner’s motion for withdrawal of 27 counsel and appointment of new counsel. Counsel has met with Petitioner and is working 28 on his case. 1 Accordingly, Petitioner’s motion for withdrawal and appointment of new counsel 2 (ECF No. 13) is denied. Petitioner’s motion for clarification (ECF No. 12) is denied as 3 moot. The Clerk of the Court is instructed to send a copy of this Order to Petitioner. 4 DATED THIS 6th day of August 2018. 5 6 MIRANDA M. DU UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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