Pugh v. Richardson

Filing 41

ORDER GRANTING WITH QUALIFICATION 37 Motion to Withdraw Brief AND GRANTING 39 Motion to Withdraw as Attorney, signed by Judge William C. Griesbach on 11/18/2020. Attorney Jeffrey Jensen is terminated as counsel. The response will remain a part o f the record and may be considered by the court as a friend of the court brief. Pugh has until December 18, 2020, to file his opposition to Respondents motion to dismiss. Respondent may proceed to file his reply to the opposition that is already on file and shall have 14 days after Pugh files his opposition to reply to Pugh's filing. (cc: all counsel and Pugh via U.S. Mail)(Griesbach, William)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

SEAN T. PUGH,
Petitioner,
v.

Case No. 16-C-1456

REED RICHARDSON,
Respondent.

ORDER

On October 31, 2016, Sean Pugh filed a pro se Petition for habeas relief from his conviction
and sentence for various state drug offenses asserting 14 separate grounds for relief. The case was
stayed to allow him to exhaust his state court remedies. Based on Pugh’s status report filed on
March 4, 2020, the court lifted the stay, screened the petition, and directed the Respondent to file
an answer or other response. On June 4, 2020, Respondent filed a motion to dismiss thirteen of
the fourteen claims asserted on the grounds that they were procedurally defaulted and/or failed to
state a federally cognizable claim. Dkt. No. 24. After several extensions, Pugh, now represented
by Attorney Jeffrey Jensen, filed a brief in opposition to Respondent’s motion on October 24,
2020. Dkt. No. 34. On November 12, 2020, Pugh requested that the brief in opposition filed by
Attorney Jensen be withdrawn because he believes Attorney Jensen erroneously conceded
procedural default and made other “pleading errors” and “historical inaccuracies.” Pugh has also
requested that he be allowed 30 days to sort out the confusion between himself and Attorney Jensen
or file his own brief. Dkt. No. 37. In response to Pugh’s motion, Attorney Jensen joined in his

Case 1:16-cv-01456-WCG Filed 11/18/20 Page 1 of 2 Document 41

request that his opposition brief be withdrawn and moved to withdraw as Pugh’s attorney. Dkt.
No. 39.
Based upon the foregoing, the court hereby grants Attorney Jensen’s motion to withdraw.
Pugh apparently does not trust his attorney to represent him, and Attorney Jensen has stated he
cannot represent him under the circumstances. Pugh’s motion to withdraw Attorney Jensen’s brief
in opposition will be granted, but with this qualification. The response will remain a part of the
record and may be considered by the court as a “friend of the court brief.” The arguments set forth
therein, however, will not be attributable to Pugh himself, and he will be granted 30 days within
which to file his own opposition to Respondent’s motion to dismiss. Respondent has indicated
that he has a reply to Attorney Jensen’s opposition already prepared, and he may proceed to file
his reply to the opposition that is on file. In addition, Respondent may file a reply to any further
filing that Pugh makes in opposition to the respondent’s motion.
Accordingly, Attorney Jensen’s motion to withdraw (Dkt. No. 39) is GRANTED. Pugh’s
motion to withdraw the brief filed in opposition to the motion to dismiss (Dkt. No. 37) is
GRANTED as qualified above. Pugh has until December 18, 2020, to file his opposition to
Respondent’s motion to dismiss, and Respondent shall have 14 days after Pugh files his opposition
to reply.
SO ORDERED at Green Bay, Wisconsin this 18th day of November, 2020.
s/ William C. Griesbach
William C. Griesbach
United States District Judge

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