Thomas v. Miller-Stout

Filing 102

ORDER granting Petitioner's 101 Motion to Withdraw Objections to Report and Recommendation and For Leave to File an Amended Overlength Objection to Report and Recommendation. Petitioner is granted permission to proceed pro se in this litigat ion. The 94 Objections to the Report and Recommendation are WITHDRAWN, and the government's corresponding Reply (Dkt. # 95 ) is STRICKEN AS MOOT. Amended Objections to R&R due by 11/6/2017. The pending Report and Recommendation by Judge Tsuchida (Dkt. # 93 ) is RENOTED for consideration on Friday, December 1, 2017. Signed by Judge Ricardo S Martinez. **3 PAGE(S), PRINT ALL**(Demicko Thomas, Prisoner ID: 991403)(PM)

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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 DEMICKO BILLIE THOMAS, 8 Petitioner, 9 10 11 12 v. MAGGIE MILLER-STOUT Respondent. ) ) ) ) ) ) ) ) ) ) CASE NO. C11-2186RSM ORDER GRANTING MOTION TO PROCEED PRO SE AND TO WITHDRAW OBJECTIONS 13 14 On July 11, 2017, the Honorable Brian A. Tsuchida issued a Report and Recommendation 15 in this matter for consideration by the Undersigned. Dkt. #93. Petitioner then filed Objections, 16 through counsel, and the government filed a Reply to those Objections. Dkts. #94 and #95. 17 On August 11, 2017, Petitioner filed a pro se Motion to Withdraw Objections and For 18 Leave to File an Overlength Amended Objections. Dkts. #96 and #97. Because Petitioner 19 20 remained represented by counsel at that time, the Court informed him that he was unable to act 21 on his own behalf unless or until he made a motion to proceed on his own behalf and such motion 22 was granted. Dkt. #99. As a result, the Court struck Petitioner’s motion. Id. Petitioner’s counsel 23 then moved to re-note Petitioner’s habeas petition for consideration, explaining that such 24 extension would allow time for her to consult with Mr. Thomas and determine whether or not he 25 26 27 28 desired to proceed pro se. Dkt. #98. The Court granted the motion. Dkt. #100. Petitioner has now moved to proceed pro se and to withdraw the existing Objections and file his own overlength Objections. Dkt. #101. Petitioner explains: ORDER GRANTING MOTION TO PROCEED PRO SE AND TO WITHDRAW OBJECTIONS PAGE - 1 1 2 3 4 I find it paramount at this time that I, request to proceed Pro Se, and be afforded with an opportunity to file an objection to the Report and Recommendation, upon my own behalf. As I, am currently serving a 62 year plus, prison sentence; have been litigating for the most part, each and every aspect of my legal proceedings and belief [sic] I, am more familiar with my case than anyone. 5 Dkt. #101-2 at ¶ 3. Petitioner also explains that he has had an opportunity to speak with his 6 counsel about this decision, he understands the gravity of the situation and the significance of 7 proceeding pro se versus being represented by counsel, and is ready to accept the responsibility 8 of proceeding pro se. Id. at ¶ ¶ 3-5. 9 10 Having reviewed the record, and being convinced that Petitioner understands what it 11 means to proceed in this matter on his own behalf and that he has the ability to litigate his claims, 12 the Court hereby finds and ORDERS: 13 1. Plaintiff’s Motion to Withdraw Objections to Report and Recommendation and For 14 Leave to File an Amended Overlength Objection to Report and Recommendation 15 16 (Dkt. #101) is GRANTED. 17 2. Petitioner is granted permission to proceed pro se in this litigation. Petitioner’s 18 representation by his attorneys at the Federal Public Defender’s Office (Ms. Lai, Ms. 19 Endo and Mr. Filipovic) is hereby TERMINATED effective as of the date of this 20 21 Order. All further correspondence and briefing in this matter shall be served directly 22 on Petitioner at the address he provided as follows: Mr. Demicko Billie Thomas, 23 Inmate Number 991403 N-A-47-L, Airway Heights Correction Center, P.O. Box 24 2049, Airway Heights, WA 99001-2049. 25 3. In proceeding pro se, it is Petitioner’s responsibility to be familiar with the Federal 26 27 Rules of Civil Procedure and the Court’s Local Rules, which can be found on the 28 internet at the Court’s public website www.wawd.uscourts.gov. It is also Petitioner’s ORDER GRANTING MOTION TO PROCEED PRO SE AND TO WITHDRAW OBJECTIONS PAGE - 2 1 2 responsibility to keep the Court and opposing counsel informed of his current contact information. 3 4. The pending Objections to the Report and Recommendation (Dkt. #94) are 4 WITHDRAWN, and the government’s corresponding Reply (Dkt. #95) is 5 STRICKEN AS MOOT. 6 7 5. Petitioner shall file his Amended Objections to the Report and Recommendation no 8 later than November 6, 2017. Those Objections shall be no longer than 20 pages 9 in length. 10 6. Given the Thanksgiving holiday in November, the government shall have twenty-one 11 (21) days from the date the Objections are filed to make any Reply. The government 12 13 14 15 16 will have up to 8 overlength pages if necessary. 7. The pending Report and Recommendation by Judge Tsuchida (Dkt. #93) is RENOTED for consideration on Friday, December 1, 2017. DATED this 4 day of October, 2017. 17 18 19 20 21 A RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28 ORDER GRANTING MOTION TO PROCEED PRO SE AND TO WITHDRAW OBJECTIONS PAGE - 3

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