Caldwell v. Bartow

Filing 45

ORDER signed by Judge Charles N. Clevert, Jr. for Judge Rudolph T. Randa on 1/12/2016. 42 MOTION to Withdraw as Attorney GRANTED. 44 MOTION to Appoint Counsel/Extend Time for Filing Amended Petition GRANTED. Caldwell's amended § 2254 petition and exhibits to be filed by 3/15/2016. Federal Defender to attempt to recruit new counsel for Caldwell. (cc: all counsel, via mail to Iven Caldwell at Wisconsin Resource Center; Federal Defender)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
IVEN LEE CALDWELL,
Petitioner,
-vs-

Case No. 15-C-293

BYRAN BARTOW,
Director, Wisconsin Resource Center,
Respondent.

ORDER
Court-appointed counsel Ellen Henak moves to withdraw as counsel
due to a newly discovered conflict of interest, for recruitment of another
attorney to represent Petitioner Iven Lee Caldwell, and for an extension of
the current deadline for new counsel to file Caldwell’s amended petition.
(ECF Nos. 42, 44.) Caldwell concurs with Henak’s motion to withdraw.
These motions are granted.
The Federal Defender’s Office is asked to attempt to recruit new
counsel under 18 U.S.C. § 3006A(a)(2)(B) to represent Caldwell. The Clerk
of Court is directed to send a copy of this Order to Federal Defender
Services for the Eastern District of Wisconsin so that it may recruit counsel
to represent Caldwell.
Court-appointed counsel will contact Caldwell.

The deadline for

filing Caldwell’s amended § 2254 petition and exhibits is extended to
March 15, 2016.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
The motion to withdraw as counsel (ECF No. 42) is GRANTED;
Caldwell’s motion for recruitment of counsel and to extend time for
file an amended petition (ECF No. 44) is GRANTED;
Caldwell’s amended § 2254 petition and exhibits MUST BE FILED
no later than March 15, 2016.
The Clerk of Court is directed to send a copy of this Decision and
Order to Federal Defender Services for the Eastern District of Wisconsin so
that it may recruit new counsel to represent Caldwell.
Dated at Milwaukee, Wisconsin, this 12th day of January, 2016.
BY THE COURT:

s/ Charles N. Clevert, Jr.
for HON. RUDOLPH T. RANDA
U.S. District Judge

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