(HC) Hawk v. Davey ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DAVID HAWK, Case No. 1:16-cv-00795-JLT-EPG-HC 12 Petitioner, ORDER DIRECTING COUNSEL FOR PETITIONER TO FILE NEW MOTION TO 13 v. WITHDRAW AS COUNSEL OR STATUS REPORT 14 DAVID DAVEY, et al, 15 Respondents. 16 17 Petitioner David Hawk is proceeding with a petition for writ of habeas corpus pursuant to 18 28 U.S.C. § 2254. 19 On July 28, 2016, the Court stayed the federal habeas proceedings pending exhaustion of 20 state remedies pursuant to Rhines v. Weber, 544 U.S. 269 (2005). (ECF No. 7). On September 21 27, 2021, the Court lifted the stay and ordered Respondent to file a response to the petition. (ECF 22 No. 39). On January 24, 2022, the Court granted Petitioner the opportunity to amend his petition. 23 (ECF No. 48). On March 3, 2022, counsel for Petitioner filed a motion to withdraw as counsel of 24 record, petition for appointment of new counsel, and motion to vacate current briefing schedule. 25 (ECF No. 49). On March 7, 2022, the Court denied the motion to withdraw as counsel without 26 prejudice for failure to comply with Local Rule 182(d), denied the petition for appointment of 27 new counsel without prejudice, and granted the motion to vacate the briefing schedule. (ECF No. 50). To date, counsel has not renewed his motion to withdraw as counsel of record. 1 The Court HEREBY DIRECTS that within SEVEN (7) days of the date of service of this 2 | order, counsel for Petitioner either: (1) file a new motion to withdraw as counsel of record that 3 | complies with the local rules, or (2) file a status report regarding whether counsel will proceed 4 | with this case. 5 6 IT IS SO ORDERED. 7} Dated: _ April 4, 2022 [sf ey 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28