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Tabatabaee v. Barrow

United States District Court, N.D. Georgia, Gainesville Division

October 29, 2014

CASEY KIA TABATABAEE, Petitioner,
v.
DONALD BARROW, Warden, Respondent.

ORDER

RICHARD W. STORY, District Judge.

This case is before the Court for consideration of the Report and Recommendation [68] of Magistrate Judge J. Clay Fuller, Petitioner's Motion for Written Objections [70], and Petitioner's Motion for Extension of Time [71]. After reviewing the record, the Court enters the following Order.

On June 12, 2014, the Court granted Petitioner's local counsel leave to withdraw and ordered Petitioner and his pro hac vice counsel to find new local counsel within thirty (30) days or to show cause why pro hac vice counsel should not be removed due to the absence of local counsel [66]. On September 4, 2014, Judge Fuller advised Petitioner and his pro hac vice counsel that if local counsel did not make an appearance within seven (7) days, Judge Fuller would recommend that counsel's pro hac vice status be revoked. Having received no response from Petitioner or his pro hac vice counsel to either Order, Judge Fuller issued a Report and Recommendation [68] recommending that the pro hac vice status of Petitioner's counsel of record be revoked and that Petitioner be required to continue in this action pro se.

In response, Petitioner filed a Motion for Written Objections [70] in which he asserts that he did not have notice of the aforementioned Orders by Judge Fuller. He objects to being required to proceed pro se and requests a thirty-day extension of time within which to retain new counsel. Petitioner also filed a Motion for Extension of Time [71] making the same request for a thirty-day extension to retain new counsel.

After due consideration, the Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. Accordingly, the pro hac vice status of Petitioner's counsel of record is hereby REVOKED. The Court will grant the relief requested in Petitioner's Motion for Written Objections [70] and Motion for Extension of Time [71] by ordering that the case be STAYED for a period of thirty (30) days to allow Petitioner time within which to retain counsel.

SO ORDERED.


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