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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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 5 6 7 DEMICKO BILLIE THOMAS, 8 Petitioner, 9 v. 10 11 MAGGIE MILLER-STOUT 12 Respondent. ) ) CASE NO. C11-2186RSM ) ) ) MINUTE ORDER STRIKING MOTION ) TO WITHDRAW OBJECTIONS ) ) ) ) 13 The following MINUTE ORDER is made by direction of the Court, the Honorable 14 15 Ricardo S. Martinez, Chief United States District Judge: 16 On July 11, 2017, the Honorable Brian A. Tsuchida issued a Report and Recommendation 17 in the matter for consideration by the Undersigned. Dkt. #93. Petitioner then filed Objections, 18 through counsel, and the government filed a Response to those Objections. Dkts. #94 and #95. 19 20 On August 11, 2017, Petitioner filed a pro se Motion to Withdraw Objections and For 21 Leave to File an Overlength Amended Objections. Dkts. #96 and #97. At this time, Petitioner 22 remains represented by counsel. Accordingly, Mr. Thomas is unable to act on his own behalf 23 unless or until he makes a motion to proceed on his own behalf and such motion is granted.1 24 Local Civil Rule 83.2(b)(4). As a result, the Court STRIKES Petitioner’s pending motion (Dkt. 25 26 #96). 27 28 1 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 PAGE - 1 The Court notes, however, that Petitioner’s counsel has moved for an extension of time 1 2 for the noting date of this habeas petition in order to discuss with their client whether he does 3 indeed desire to move forward pro se. Dkt. #98. The Court will grant that motion in a separate 4 Order. Accordingly, should petitioner’s counsel ultimately withdraw from representation, 5 nothing in this Order precludes Petitioner from renewing his Motion to Withdraw his Objections 6 7 8 9 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. 10 WILLIAM McCOOL, Clerk 11 By: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MINUTE ORDER PAGE - 2 /s/ Rhonda Stiles Deputy Clerk

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