Branon v. United States of America

Filing 22

ORDER by Judge Saundra Brown Armstrong GRANTING PETITIONERS 21 REQUEST TO PROCEED PRO SE AND DENYING 14 COUNSELS REQUEST FOR SUBSTITUTION. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 8/21/2014)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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5 MARK BRANON,

Petitioner,

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vs.

8 UNITED STATES OF AMERICA,
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Case No: C 13-1350 SBA
ORDER GRANTING
PETITIONER’S REQUEST TO
PROCEED PRO SE AND DENYING
COUNSEL’S REQUEST FOR
SUBSTITUTION

Defendant.

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Petitioner Mark Branon, a federal prisoner, filed a pro se petition for writ of habeas

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corpus (which is liberally construed as a motion under 28 U.S.C. § 2255) to challenge his

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federal conviction suffered in the District of Arizona. The Government has filed a response

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and Petitioner has filed a pro se traverse.

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Presently before the Court is a “Notice of Appearance of Private Counsel Request

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for Approval of U.S. District Court,” in which attorney Roger Hanson seeks leave to

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substitute in as counsel for Petitioner. Dkt. 14. Subsequently, Petitioner filed a request that

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he be allowed to proceed pro se because neither he nor his family have been able to contact

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Mr. Hanson. Dkt. 21. Although Petitioner’s request was docketed in ECF and served on

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Mr. Branon, he has not responded to Petitioner’s request and deadline to do so has since

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passed. Accordingly,

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IT IS HEREBY ORDERED THAT Mr. Hanson’s request to substitute in as counsel

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of record is DENIED, and Petitioner’s request to proceed pro se is GRANTED. This Order

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terminates Docket 14 and 21. The Clerk shall indicated that Mr. Hanson is terminated as

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counsel for Petitioner.

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IT IS SO ORDERED.
Dated: August 19, 2014

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SAUNDRA BROWN ARMSTRONG
United States District Judge