BELLON v. NEVEN, 2:12-cv-01639-PMP-GWF. (2013)
Court: District Court, D. Nevada
Number: infdco20130730g46
Visitors: 15
Filed: Jul. 29, 2013
Latest Update: Jul. 29, 2013
Summary: ORDER PHILIP M. PRO, District Judge. This is an action on a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Before the Court is petitioner's Motion to Withdraw Appeal (ECF No. 19). Counsel was appointed to assist petitioner with his response to the Court's order to show cause. Without discussing the matter with counsel and misconstruing the Court's order denying his pro se response as moot, petitioner moved to appeal. Thereafter, counsel contacted petitioner and explained the
Summary: ORDER PHILIP M. PRO, District Judge. This is an action on a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Before the Court is petitioner's Motion to Withdraw Appeal (ECF No. 19). Counsel was appointed to assist petitioner with his response to the Court's order to show cause. Without discussing the matter with counsel and misconstruing the Court's order denying his pro se response as moot, petitioner moved to appeal. Thereafter, counsel contacted petitioner and explained the ..
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ORDER
PHILIP M. PRO, District Judge.
This is an action on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before the Court is petitioner's Motion to Withdraw Appeal (ECF No. 19).
Counsel was appointed to assist petitioner with his response to the Court's order to show cause. Without discussing the matter with counsel and misconstruing the Court's order denying his pro se response as moot, petitioner moved to appeal. Thereafter, counsel contacted petitioner and explained the Court's order. Petitioner now moves to dismiss the appeal pursuant to Fed.R.App.P. 41(a).
Good causing appearing, the motion to withdraw the appeal (ECF No. 19) is GRANTED. The Notice of Appeal is hereby withdrawn. The matter shall proceed on the schedule previously set forth by the Court.
IT IS SO ORDERED.
Source: Leagle
