NEWBOLD v. TUCKER

Filing 15

ORDER: Defendant's 12 MOTION to Extend Time to Respond to Order of June 26, 2012 is DENIED AS MOOT. 14 MOTION to Withdraw as Attorney by Attorney General and Joshua R. Heller for Respondent filed by KENNETH S TUCKER is GRANTED. Signed by MAGISTRATE JUDGE GARY R JONES on 9/25/2012. (jws)

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
OSWALD NEWBOLD II,
Petitioner,
v.

CASE NO. 4:12-cv-307-WS-GRJ

SECRETARY, DEPT.
OF CORRECTIONS,
Respondent.
_____________________________/
ORDER
This matter is before the Court on Doc. 12, Respondent’s motion for extension of
time to answer; Doc. 13, Respondent’ answer to the habeas petition; and Doc. 14, the
Attorney General’s motion to withdraw as counsel for Respondent. Counsel for
Department of Corrections, Beverly Bartlett Brewster, timely responded to the habeas
petition, prompting counsel for the Attorney General’s Office to move to withdraw, as
DOC counsel typically handles 2254 petitions related to terms of a prisoner’s
confinement. (Doc. 14.) Upon due consideration, it is ORDERED AND ADJUDGED:
1. Respondent’s motion for extension of time (Doc. 12) is DENIED AS MOOT.
Petitioner is advised that his October 24, 2012 to file a reply is still in effect.
2. The Attorney General’s motion to withdraw as counsel for Respondent (Doc.
14), filed by attorney Joshua R. Heller, is GRANTED. Ms. Brewster will continue
representation of Respondent. Mr. Heller and the Attorney General’s Office are
relieved of further responsibility for representing Respondent. The Clerk is
directed to make the appropriate change on the docket.
DONE AND ORDERED this 25th day of September 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge