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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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LUIS ALONSO HIDALGO, JR.,

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Case No. 3:18-cv-00153-MMD-VPC
Petitioner,

ORDER

v.
STATE OF NEVADA, et al.,
Respondents.

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This habeas matter comes before the Court on Petitioner’s pro se motion seeking

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the withdrawal of appointed counsel and appointment of new counsel. (ECF No. 13.)

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Petitioner is currently represented by David Neidert, Esq. Petitioner had previously filed

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a motion for clarification seeking confirmation that Mr. Neidert was his appointed counsel.

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(ECF No. 12.) Petitioner filed that motion just weeks after counsel had been appointed in

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his case.

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On August 1, 2018, Mr. Neidert filed a response, under seal, addressing

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Petitioner’s motions. (ECF No. 16.) Mr. Neidert indicates that he met with Petitioner, prior

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to Petitioner’s filing of the motion for withdrawal, and that they had a productive meeting.

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(Id.) Mr. Neidert further indicates that he is actively working on Petitioner’s case.

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Motions for appointment of new counsel may be granted “in the interests of justice.”

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18 U.S.C. § 3006(A)(c); see also Martel v. Clair, 565 U.S. 648, 658 (2012). On the record

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before the Court, there is no basis for granting Petitioner’s motion for withdrawal of

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counsel and appointment of new counsel. Counsel has met with Petitioner and is working

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on his case.

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Accordingly, Petitioner’s motion for withdrawal and appointment of new counsel

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(ECF No. 13) is denied. Petitioner’s motion for clarification (ECF No. 12) is denied as

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moot. The Clerk of the Court is instructed to send a copy of this Order to Petitioner.

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DATED THIS 6th day of August 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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