Williams v. United States of America (INMATE3)

Filing 78

ORDER that: 1. Petitioner's 77 Motion for an order dismissing James McCauley Smith as his counsel is DENIED at this time; and 2. Petitioner's motion for a copy of a transcript of the evidentiary hearing is DENIED. The Clerk of the Court is DIRECTED to provide Petitioner with copies of any further pleadings or orders entered in this case. Signed by Honorable Susan Russ Walker on 8/27/2009. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION T IM O T H Y WILLIAMS, P e titio n e r, v. UNITED STATES OF AMERICA, R e s p o n d e n t. ) ) ) ) ) ) ) ) )

Civil Action No. 2:07cv742-MEF (WO)

O R D E R ON MOTION P e t i tio n e r has filed a motion requesting that this court enter an order dismissing a tto rn e y James McCauley Smith as his counsel so that he may proceed pro se in further p ro c e e d in g s on his 28 U.S.C. § 2255 motion. (Doc. No. 77.) The court does not consider it appropriate to relieve counsel of representation in this matter until after expiration of the tim e for filing any objections to the court's Recommendation entered on August 18, 2009. However, Petitioner will also be permitted to file additional timely objections to the R e c o m m e n d a tio n should he choose to do so. P e titio n e r (Doc. No. 77) has also requested a copy of the transcript of the evidentiary h e a rin g held on August 3, 2009. However, no official transcript of that hearing has yet been g e n e ra te d . Further, Petitioner has not set forth a valid basis establishing his need for a tra n s c rip t of the evidentiary hearing at this time. A c c o rd in g ly, and for good cause, it is ORDERED that

1) Petitioner's motion for an order dismissing James McCauley Smith as his counsel is DENIED at this time; and 2) Petitioner's motion for a copy of a transcript of the evidentiary hearing is DENIED. T h e Clerk of the Court is DIRECTED to provide Petitioner with copies of any further p le a d in g s or orders entered in this case. D o n e , this 27 th day of August, 2009.

/s / Susan Russ Walker SUSAN RUSS WALKER C H IE F UNITED STATES MAGISTRATE JUDGE

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