HILL v. BITER, 2:12-cv-2098 MCE DAD P. (2015)
Court: District Court, E.D. California
Number: infdco20150318b44
Visitors: 18
Filed: Mar. 17, 2015
Latest Update: Mar. 17, 2015
Summary: ORDER DALE A. DROZD , Magistrate Judge . Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent filed an answer to the petition on February 13, 2014. Thereafter, petitioner's counsel of record requested and received extensions of time to file a traverse. Despite the granting of extensions of time, no traverse was filed. Petitioner has now submitted a proposed substitution of counsel to which his current
Summary: ORDER DALE A. DROZD , Magistrate Judge . Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Respondent filed an answer to the petition on February 13, 2014. Thereafter, petitioner's counsel of record requested and received extensions of time to file a traverse. Despite the granting of extensions of time, no traverse was filed. Petitioner has now submitted a proposed substitution of counsel to which his current c..
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ORDER
DALE A. DROZD, Magistrate Judge.
Petitioner is a state prisoner proceeding through counsel with a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer to the petition on February 13, 2014. Thereafter, petitioner's counsel of record requested and received extensions of time to file a traverse. Despite the granting of extensions of time, no traverse was filed. Petitioner has now submitted a proposed substitution of counsel to which his current counsel of record has stipulated. (Doc. No. 52.) The proposed substitution of counsel will be allowed and petitioner's new counsel will be granted sixty days within which to file a traverse. After the traverse is filed, this matter will stand submitted for decision.
Accordingly, IT IS HEREBY ORDERED that:
1. Petitioner's proposed substitution of counsel is granted. Joseph J. Wiseman, CSBN 107403, Wiseman Law Group, 1477 Drew Avenue, Suite 106, Davis, California 95618, 530.759.0700, is substituted for Donald T. Bergerson as attorney of record for petitioner in this case; and
2. Petitioner shall file a traverse within 60 days of the filed date of this order, absent further order of court.
Source: Leagle
