Johnson v. United States of America

Filing 67

ORDER granting 64 Motion to Set Aside Order by continuing evidentiary hearing to March 7, 2010, appointing Mr. Michael Burt as lead counsel for petitioner Johnson, and giving Mr. Burt and Mr. Maazel 30 days to suggest, ex parte, a third attorney to represent the petitioner; granting 65 Motion to Withdraw as Attorney to the extent that Mr. Lawlor is relieved of duties as lead counsel for petitioner and from active participation in the case, but shall continue to consult with Mr. Burt and Mr. Maazel, when asked to do so. Added attorney Michael Burt for Angela Jane Johnson.. Signed by Judge Mark W Bennett on 09/07/10. (Mastalir, Roger)

Johnson v. United States of America

Doc. 67

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA CENTRAL DIVISION ANGELA JOHNSON, Petitioner, vs. UNITED STATES OF AMERICA, Respondent. ____________________ This case is before the court on petitioner Johnson's September 3, 2010, Motion To Reconsider Order Denying Continuance Of Hearing Date And Appointment Of Counsel (docket no. 64), and Mr. Lawlor's September 3, 2010, Motion To Withdraw As Counsel (docket no. 65). The court held telephonic oral arguments on the motions earlier today. The court finds that fairness and the interests of justice require relieving Mr. Lawlor of his duties as lead counsel in this case, appointing new lead counsel, and continuing the evidentiary hearing to a later date to allow new lead counsel reasonable time to prepare. THEREFORE, 1. Petitioner Johnson's September 3, 2010, Motion To Reconsider Order Denying Continuance Of Hearing Date And Appointment Of Counsel (docket no. 64) is granted, as follows: a. b. Johnson; The evidentiary hearing in this matter is continued from October 4, Mr. Michael Burt is appointed as lead counsel to represent petitioner 2010, to March 7, 2011, at 8:30 a.m.; ORDER REGARDING RESCHEDULING OF EVIDENTIARY HEARING AND WITHDRAWAL OF LEAD COUNSEL No. C 09-3064-MWB (No. CR 01-3046-MWB)

Dockets.Justia.com

c. d. 2.

Mr. Maazel shall continue to represent the petitioner; Within 30 days of the date of this order, Mr. Burt and Mr. Maazel

shall suggest, ex parte, a third attorney to be appointed to represent the petitioner. Mr. Lawlor's September 3, 2010, Motion To Withdraw As Counsel (docket no. 65) is granted to the extent that Mr. Lawlor is relieved of his duties as lead counsel for petitioner Johnson and from active participation in the case, but he shall continue to consult with Mr. Burt and Mr. Maazel, when asked to do so, to assist with the transition of counsel. IT IS SO ORDERED. DATED this 7th day of September, 2010.

__________________________________ MARK W. BENNETT U. S. DISTRICT COURT JUDGE NORTHERN DISTRICT OF IOWA

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