Hatten v. Knab

Filing 19

ORDER - IT IS THEREFORE ORDERED THAT: 1. Petitioner Justin Hattens Notification of Attorney Discharge (Doc. 17 ) is GRANTED; 2. Eric J. Allen's Motion to Withdraw as Counsel of Record (Doc. 18 ) is GRANTED; and, 3. The Clerk of Court is direct ed to remove Eric J. Allen as counsel of record,note on the record that Petitioner Justin Hatten is proceeding pro se, and send all future correspondence directly to him at the following address:Justin Hatten A606-687, Chillicothe Correctional Institution, P.O. Box 5500Chillicothe, Ohio 45601. Signed by Magistrate Judge Sharon L Ovington on 3/18/2013. (kf)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JUSTIN HATTEN,
Petitioner,

:
:
Case No. 3:11cv00324

-vs-

:

WARDEN, CHILLICOTHE
CORRECTIONAL INSTITUTION,

:

District Judge Timothy S. Black
Chief Magistrate Judge Sharon L. Ovington

:
Respondent.
:

ORDER

This case is presently before the Court upon Petitioner Justin Hatten’s
“Notification of Attorney Discharge” (Doc. #17), Attorney Eric J. Allen’s Motion to
Withdraw as Counsel of Record (Doc. #18), and the record as a whole.
On February 28, 2013, Petitioner Hatten filed a “notification of attorney
discharged” (docketed as a motion to disqualify counsel), stating that he was disappointed
with the services provided by his counsel, Eric J. Allen, and would like to proceed pro se
with this habeas action. On March 12, 2013, Mr. Allen filed a Motion to Withdraw (Doc.
#18), indicating that Petitioner has discharged him as counsel and requesting to withdraw
as counsel of record. Id.
Petitioner has clearly conveyed his dissatisfaction with Mr. Allen’s services and
his desire to proceed pro se with this matter. Mr. Allen has also confirmed his services

have been terminated by Petitioner Hatten. Accordingly, Petitioner’s Motion to
Disqualify Counsel (Doc. #17) and Mr. Allen’s Motion to Withdraw (Doc. #18) are well
taken.
IT IS THEREFORE ORDERED THAT:
1.

Petitioner Justin Hatten’s “Notification of Attorney Discharge” (Doc. #17)
is GRANTED;

2.

Eric J. Allen’s Motion to Withdraw as Counsel of Record (Doc. #18) is
GRANTED; and,

3.

The Clerk of Court is directed to remove Eric J. Allen as counsel of record,
note on the record that Petitioner Justin Hatten is proceeding pro se, and
send all future correspondence directly to him at the following address:
Justin Hatten A606-687
Chillicothe Correctional Institution
P.O. Box 5500
Chillicothe, Ohio 45601

March 18, 2013
s/Sharon L. Ovington
Sharon L. Ovington
Chief United States Magistrate Judge

2