Thomas v. USA

Filing 13

SHOW CAUSE ORDER re 12 MOTION to Withdraw as Attorney Office of the Federal Public Defender/Ethan Skaggs filed by Patrick Thomas. Thomas shall respond on or before June 5, 2017. The Court DIRECTS the Clerk of the Court to send Thomas a copy of this Order. Signed by Judge David R. Herndon on 5/4/17. (klh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS PATRICK THOMAS, Petitioner, vs. Case No. 16-CV-0553-DRH UNITED STATES OF AMERICA Respondent. ORDER TO SHOW CAUSE HERNDON, District Judge: This matter comes before the Court for case management. On May 17, 2016, petitioner filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). In said petition, petitioner challenges his status as a career offender based upon Johnson v. United States, 135 S. Ct. 2551, 192 L. Ed. 2d 569 (2015). In accordance with this District's Administrative Order No. 176, the Court appointed the Federal Public Defender (FPD) to represent petitioner. Now the Assistant FPD—having determined there is no meritorious basis for obtaining the relief petitioner seeks —has moved to withdraw his appearance in light of the Beckles v. United States, ___ U.S. ___, 2017 WL 855781 (U.S. Mar. 6, 2017) decision (Doc. 12). A copy of said motion was provided to petitioner by the Assistant FPD. Pursuant to this Court’s procedure, petitioner has 30 days in which to respond to the Assistant FPD's Motion to Withdraw. The Court hereby DIRECTS petitioner —on or before June 5, 2017—to file in this Court a Response Page 1 of 2 SHOWING CAUSE (i.e., a valid reason) why the undersigned should not grant the Assistant FPD's motion to withdraw and deny petitioner’s pro se § 2255 petition. The government may, but is not required to, file any response to the Assistant FPD's motion by the same date. The Clerk of Court is DIRECTED to mail a copy of this Order to petitioner at his last known address. IT IS SO ORDERED. Signed this 4th day of May, 2017. Digitally signed by Judge David R. Herndon Date: 2017.05.04 17:06:14 -05'00' United States District Judge Page 2 of 2

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