SANTIAGO v. UNITED STATES OF AMERICA

Filing 9

MEMORANDUM, ORDER Permitting Julie A. McGrain to withdraw from representation in this matter; Directing Petitioner to file pro se a supplemental brief in support of his § 2255 motion, within 30 days of the date of entry of this Order, etc. Signed by Judge Renee Marie Bumb on 10/16/2019. (rss, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
________________________
:
MARCOS SANTIAGO,
:
:
Civ. No. 16-3900 (RMB)
Petitioner
:
:
v.
:
MEMORANDUM AND ORDER
:
UNITED STATES OF AMERICA,
:
:
Respondent
:
________________________
:

This matter comes before the Court upon the request of
Petitioner’s

counsel

to

withdraw

from

representation

in

this

proceeding under 28 U.S.C. § 2255. (Letter Request, ECF No. 6.)
Petitioner, represented by counsel, protectively filed a motion to
vacate, set aside or correct sentence under 28 U.S.C. § 2255 in
this Court on June 22, 2016, and the Court stayed the case. (2255
Mot., ECF No. 1; Order, ECF No. 4.)
On May 23, 2016, Petitioner, represented by counsel, filed an
Application for Leave to File a Second or Successive Petition,
pursuant to 28 U.S.C § 2244(B), in the Third Circuit Court of
Appeals. (Second or Successive Motion to Correct Sentence Under 28
U.S.C. § 2255, ECF No. 1 at 6.) Petitioner sought to vacate and
correct his sentence based on the Supreme Court’s June 26, 2015
decision in Johnson v. United States, 135 S. Ct. 2551 (2015),

invalidating the residual clause of the Armed Career Criminal Act.
(Id.) The Third Circuit stayed the case. (Id.)
While

Petitioner’s

application

was

pending

in

the

Third

Circuit, Petitioner and his counsel had a complete break-down in
their attorney-client relationship, and the Third Circuit granted
counsel’s motion to withdraw. (Letter Request, ECF No. 6.) On
August

27,

2019,

the

Third

Circuit

granted

Petitioner’s

Application for Leave to File a Second or Successive Habeas Corpus
Petition under § 2255, Order Re. Applications for Leave to File
Second or Successive Habeas Corpus Petitions Pursuant to 28 U.S.C.
§ 2244(B) Involving Challenges to 18 U.S.C. §924(c), No. 16-2529
(3d Cir. Aug. 27, 2019) (citing footnote 2 in In re Michael
Matthews, et al., 934 F.3d 296 (3d Cir. 2019)). The Court lifted
the

stay

in

this

matter

on

October

10,

2019,

and

directed

Petitioner to file a supplemental brief in support of his § 2255
motion. (Order, ECF No. 6.)
Local Civil Rule 102.1 provides that unless other counsel is
substituted, no attorney may withdraw an appearance except by leave
of Court. For good cause shown, Petitioner’s counsel may withdraw
from representation and Petitioner may proceed pro se.
IT IS therefore on this 16th day of October 2019,
ORDERED

that

Julie

A.

McGrain,

Assistant

Federal

Public

Defender, may withdraw from representation in this matter; and it
is further
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ORDERED that Petitioner shall file pro se a supplemental brief
in support of his § 2255 motion in this Court, within 30 days of
the date of entry of this Order, addressing United States v. Davis,
139 S. Ct. 2319 (June 24, 2019); and it is further
ORDERED that Respondent shall file an answer to Petitioner’s
§ 2255 motion within 45 days of the date of entry of Petitioner’s
supplemental brief in support of the § 2255 motion; and it is
further
ORDERED that Petitioner may file a reply to Respondent’s
answer within 45 days of the date of entry of Respondent’s Answer;
and it is further
ORDERED that the Clerk shall serve a copy of this Memorandum
and Order on Petitioner by regular U.S. mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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