Gahano v. Renaud

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 DENGE LEMO GAHANO, CASE NO. C20-1094 MJP 11 Petitioner, ORDER GRANTING MOTION TO WITHDRAW 12 v. 13 DANIEL M RENAUD, et al., 14 Respondents.

16 This matter comes before the Court on counsel for Petitioner’s Motion to Withdraw.

17 (Dkt. No. 79.) Having reviewed the Motion and all supporting materials, the Court GRANTS the Motion.

19 Petitioner’s pro bono counsel seek to withdraw from this matter in light of the Court’s Order adopting the Report and Recommendation and dismissing this action and Petitioner’s habeas petition. Counsel also notes that they are unable to communicate with Petitioner since his arrival in Ethiopia. Counsel for Respondents do not oppose the motion.

1 The Court finds that withdrawal is permissible given the facts and circumstances presented. See Fujifilm Sonosite, Inc. v. Imaging Specialists Grp., LLC, No. C13-983 RSM, 2014 WL 1400992, at *1 (W.D. Wash. Apr. 10, 2014) (noting the Court’s broad discretion in permitting withdrawal of counsel). Here, counsel argues that withdrawal should be permitted given the posture of this case and Rules 1.4(a)(2) and 1.16(b)(1) of the Washington Rules of Professional Conduct. The Court finds good cause to permit withdrawal. Petitioner’s habeas petition has been dismissed in light of his removal from the United States. As the Court understands it, there are no further issues to be litigated. Counsel’s withdrawal will not have a materially adverse impact on Petitioner. See Wash. R.P.C. 1.16(b)(1). And counsel does not have an apparent ability to communicate with Petitioner, which adversely impacts counsel’s ability to provide any further representation. Lastly, counsel has complied with Local Rule 83.2(b), providing the best available contact information for Petitioner. On this record, the Court finds good cause and GRANTS the Motion and counsel’s request to withdraw from representation in this matter.

15 The clerk is ordered to provide copies of this order to Petitioner by email and U.S. Mail and all counsel.

17 Dated November 2, 2021.

A 19 Marsha J. Pechman United States Senior District Judge