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Mortensen v. Neven, 2:11-cv-00266-KJD-CWH. (2019)

Court: District Court, D. Nevada Number: infdco20190115e87 Visitors: 9
Filed: Jan. 10, 2019
Latest Update: Jan. 10, 2019
Summary: ORDER KENT J. DAWSON , District Judge . Petitioner has filed a motion of petitioner's counsel to withdraw (ECF No. 132). Counsel now is the District Attorney for Nye County, and he no longer can represent petitioner. The court grants this motion. Petitioner also has filed a post-filing unopposed motion for extension of time (ECF No. 131). Petitioner has filed at the same time a draft third amended petition (ECF No. 130). Petitioner has not verified the third amended petition. Current couns
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ORDER

Petitioner has filed a motion of petitioner's counsel to withdraw (ECF No. 132). Counsel now is the District Attorney for Nye County, and he no longer can represent petitioner. The court grants this motion.

Petitioner also has filed a post-filing unopposed motion for extension of time (ECF No. 131). Petitioner has filed at the same time a draft third amended petition (ECF No. 130). Petitioner has not verified the third amended petition. Current counsel, who is withdrawing, asked for additional time for petitioner to determine whether to request appointment of new counsel or to proceed pro se, and whether to accept the draft third amended petition as written or to seek additional modification. ECF No. 131, at 1. The court will appoint replacement counsel because it is in the interests of justice. However, new counsel will need time to become familiar with the case, and the court will address that after it locates new counsel.

IT THEREFORE IS ORDERED that the motion of petitioner's counsel to withdraw (ECF No. 132) is GRANTED. The representation of petitioner by Chris Arabia is TERMINATED.

IT FURTHER IS ORDERED that the clerk of the court shall forward a copy of this order to the CJA Coordinator, who shall locate substitute counsel for petitioner. The clerk of the court also shall send a copy of this order to petitioner himself, Ronald L. Mortensen, #54506, Lovelock Correctional Center, 1200 Prison Rd., Lovelock, NV 89419.

IT FURTHER IS ORDERED that petitioner's post-filing unopposed motion for extension of time (ECF No. 131) is GRANTED. The court will issue a scheduling order after it locates substitute counsel for petitioner.

Source:  Leagle

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