Tabatabaee v. Barrow

Filing 72

ORDER approving and adopting the 68 Report and Recommendation as the Opinion and Order of this Court. The pro hac vice status of Petitioners counsel of record is hereby REVOKED. The Court will grant the relief requested in Petitioners 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. Signed by Judge Richard W. Story on 10/28/14. (sk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GAINESVILLE DIVISION
CASEY KIA TABATABAEE,
Petitioner,
v.
DONALD BARROW,
Warden,
Respondent.

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CIVIL ACTION NO.
2:13-CV-00079-RWS

ORDER
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

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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 thirtyday 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

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that the case be STAYED for a period of thirty (30) days to allow Petitioner
time within which to retain counsel.
SO ORDERED, this 28th

day of October, 2014.

________________________________
RICHARD W. STORY
United States District Judge

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