Thomas v. Miller-Stout

Filing 99

MINUTE ORDER striking Petitioner's 96 Pro Se Motion to Withdraw Objections and for Leave to File an Over-length Amended Objections, authorized by Judge Ricardo S Martinez. (SWT) (cc: Petitioner)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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DEMICKO BILLIE THOMAS,
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Petitioner,

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v.

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MAGGIE MILLER-STOUT

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Respondent.

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) CASE NO. C11-2186RSM
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) MINUTE ORDER STRIKING MOTION
) TO WITHDRAW OBJECTIONS
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The following MINUTE ORDER is made by direction of the Court, the Honorable

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Ricardo S. Martinez, Chief United States District Judge:

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On July 11, 2017, the Honorable Brian A. Tsuchida issued a Report and Recommendation

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in the matter for consideration by the Undersigned. Dkt. #93. Petitioner then filed Objections,

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through counsel, and the government filed a Response to those Objections. Dkts. #94 and #95.
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On August 11, 2017, Petitioner filed a pro se Motion to Withdraw Objections and For

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Leave to File an Overlength Amended Objections. Dkts. #96 and #97. At this time, Petitioner

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remains represented by counsel. Accordingly, Mr. Thomas is unable to act on his own behalf

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unless or until he makes a motion to proceed on his own behalf and such motion is granted.1

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Local Civil Rule 83.2(b)(4). As a result, the Court STRIKES Petitioner’s pending motion (Dkt.
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#96).

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Petitioner notes that he currently wishes to proceed with the guidance of counsel, but is
prepared to proceed pro se if necessary. Dkt. #97 at ¶ 5.
MINUTE ORDER
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The Court notes, however, that Petitioner’s counsel has moved for an extension of time

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for the noting date of this habeas petition in order to discuss with their client whether he does

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indeed desire to move forward pro se. Dkt. #98. The Court will grant that motion in a separate

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Order.

Accordingly, should petitioner’s counsel ultimately withdraw from representation,

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nothing in this Order precludes Petitioner from renewing his Motion to Withdraw his Objections
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at that time. Until then, all filings made on behalf of Petitioner in this matter (with the exception
of a motion to proceed pro se) must be made through his current counsel.
DATED this 15 day of August, 2017.

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WILLIAM McCOOL, Clerk

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By:

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MINUTE ORDER
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/s/ Rhonda Stiles
Deputy Clerk