Pouncy v. Palmer
Filing
455
ORDER (1) Denying Petitioner's 454 Motion for Reconsideration and (2) Terminating Appearance of Attorney Aaron Katz. Signed by District Judge Matthew F. Leitman. (HRya)
Case 2:13-cv-14695-MFL-LJM ECF No. 455, PageID.14977 Filed 03/01/22 Page 1 of 4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR RASHAD POUNCY,
Petitioner,
Case No. 13-cv-14695
Hon. Matthew F. Leitman
v.
MATT MACAULEY,
Respondent.
__________________________________________________________________/
ORDER (1) DENYING PETITIONER’S MOTION FOR
RECONSIDERATION (ECF No. 454) AND (2) TERMINATING
APPEARANCE OF ATTORNEY AARON KATZ
Petitioner Omar Rashad Pouncy’s treatment of his attorney, Aaron Katz,
exemplifies the old adage that “no good deed goes unpunished.”
In 2019, Katz took on the pro bono representation of Pouncy in this complex
and lengthy habeas case. Katz was willing to enter the case even though Pouncy had
been credibly accused of suborning perjury. (See Respondent Mot. to Dismiss, ECF
No. 238.) Upon entering the case, Katz quickly mastered the lengthy factual record
and complex legal doctrines at play. He then provided an exceptionally-high level
of representation to Pouncy at numerous hearings and conferences before the Court
and in numerous written filings with the Court. Indeed, Katz won Pouncy significant
habeas relief in this case. Furthermore, Katz maintained the highest level of civility
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and professionalism while zealously representing Pouncy at every turn of these
proceedings. And Katz did it all for free.
So how does Pouncy show his gratitude for the huge amount of time that Katz
spent providing him first-rate legal services at no cost? By filing a motion in which
he unfairly accuses Katz of “abandon[ing]” him as of at least June 28, 2021. (See
Mot. for Reconsid., ECF No. 454.) Since June 28, 2021, Katz has, among other
things, (1) traveled from Boston, Massachusetts, to the federal courthouse in Flint,
Michigan, to personally participate in a settlement conference in this case, (2)
participated in numerous telephonic and/or video status conferences with the Court,
and (3) filed an opposition to Respondent’s motion for a stay pending appeal. Katz
has not “abandoned” Pouncy in any sense of the word.
The Court now turns to the merits of Pouncy’s motion. In the motion, he seeks
reconsideration of an order entered by this Court (ECF No. 453) granting
Respondent a stay of certain habeas relief awarded to Pouncy and denying Pouncy’s
motion to stay the remainder of his state sentence. (See Pouncy Mot. For Reconsid.,
ECF No. 454.) The Court will DENY the motion. Pouncy does not present any
argument as to how the Court erred in granting Respondent’s motion for a stay and
denying his motion to stay the remainder of his state sentence. Instead, he seeks
permission to file a second motion for reconsideration – beyond the time period set
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forth in the Court’s Local Rules – either once he retains new counsel or pro se if he
does not retain new counsel.
The Court is done considering motions and filings from Pouncy unless and
until the United States Court of Appeals for the Sixth Circuit sends the case back to
this Court for further proceedings. The Court has spent hundreds of hours on this
case over many years. It has exhaustively reviewed all of Pouncy’s arguments –
including those opposing Respondent’s request for a stay pending appeal and
supporting his request to stay his sentence. If Pouncy believes the Court erred in
ruling on those matters (or any others in this case), he should present his arguments
to the Sixth Circuit. The time has come for these proceedings to move entirely to
that court.
Finally, the Court TERMINATES the Appearance of Aaron Katz as counsel
for Pouncy in these district court proceedings.1 Pouncy says he no longer wants Katz
to represent him. So be it. That is Pouncy’s very substantial loss.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: March 1, 2022
This order, of course, has no impact on any Appearance Katz may have entered as
counsel for Pouncy in the Sixth Circuit.
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I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on March 1, 2022, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
(313) 234-5126
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