Azmat v. UNITED STATES OF AMERICA
ORDER construing 11 as a motion to amend the 28 USC 2255 Motion; denying as moot 12 Motion to Strike ; granting 19 Motion to Withdraw as Attorney, Attorney William Mallory Kent terminated; denying as moot 21 Motion to Stay. Any oppositio n to that motion 18 shall be filed within 14 days of service of this Order in accordance with this Courts Local Rules. If unopposed, any motion to dismiss the amended § 2255 motion shall be filed within 30 days of service of this Order. Signed by Magistrate Judge G. R. Smith on 11/21/17. (jrb) Modified on 11/21/2017 (jrb).
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
UNITED STATES OF AMERICA
Scott L. Poff, Clerk
United States District Court
By James Burrell at 4:10 pm, Nov 21, 2017
Counsel William Mallory Kent seeks to withdraw as counsel for
Najam Azmat, citing Azmat’s unambiguous written request that he
withdraw so that Azmat may proceed pro se in this matter. Doc. 419-1
(movant’s letter requesting Kent to “immediately file[ ] a motion [to]
withdraw[ ] from the case” so that he may pursue various arguments for
relief which Kent had deemed inappropriate or meritless); see also doc.
411 at 68 (Azmat’s own submission to the Court, attaching a copy of a
different letter firing Kent). Counsel’s unopposed motion for withdrawal
is GRANTED. Azmat shall proceed pro se in this matter. United States
v. Berger, 375 F.3d 1223, 1226 (11th Cir. 2004) (“Defendants have a
Sixth Amendment right to counsel on direct appeal, but not when they
collaterally attack their sentences.”); Pennsylvania v. Finley, 481 U.S.
551, 555 (1987) (“[T]he right to appointed counsel extends to the first
appeal of right, and no further.”).
Azmat’s supplemental briefing (doc. 411) is thus CONSTRUED as
a Motion to Amend his 28 U.S.C. § 2255 motion to vacate his sentence.
Any opposition to that motion shall be filed within 14 days of service of
this Order in accordance with this Court’s Local Rules. If unopposed,
any motion to dismiss the amended § 2255 motion shall be filed within
30 days of service of this Order. Movant’s motion to stay the briefing
schedule (doc. 421) and the Government’s motions to strike Azmat’s pro
se pleadings (docs. 412 & 416) are also DENIED as moot.
SO ORDERED this 21st day of November, 2017.
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