Benavente v. Hedgpeth

Full title: JAIME BENAVENTE, JR., Petitioner, v. ANTHONY HEDGPETH, WARDEN, Respondent

Court: United States District Court, E.D. California

Date published: Oct 2, 2008

1:08 CV 0085 WMW HC (E.D. Cal. Oct. 2, 2008)

Opinion

1:08 CV 0085 WMW HC.

October 2, 2008

ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL OF RECORD [Doc. 28]

WILLIAM WUNDERLICH, Magistrate Judge

Petitioner is a prisoner proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. Section 2254. On September 17, Petitioner's counsel filed a motion to withdraw as counsel of record in this case. The motion is made upon the ground that a conflict of interest has arisen wherein Attorney Roger T. Nuttall cannot ethically continue to represent the interests of Petitioner. In his motion, Attorney Nuttall states that he has informed Petitioner of this motion, and has directed detailed correspondence to Petitioner on this matter. Good cause appearing, IT IS HEREBY ORDERED as follows:

1) the motion to withdraw as attorney of record is GRANTED;

2) The Clerk of the Court is DIRECTED to substitute Petitioner as attorney of record in this case;

3) The Clerk of the Court is DIRECTED to correct the docket in this case to reflect Petitioner's last known address as stated on page three of the motion, and to serve Petitioner with a copy of this order at that address;

4) Petitioner is GRANTED thirty (30) days from the date of service of this order within which to file a traverse in this case.

IT IS SO ORDERED.