Free Motion to Withdraw as Attorney - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 339

Filed 11/06/2007

Page 1 of 3

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Patrick M. Hawkinson vs. James A. Montoya, et al MOTION TO WITHDRAW COMES NOW DENNIS W. HARTLEY, P.C., current counsel for the Plaintiff, Patrick M. Hawkinson, hereby respectfully moves this Court for an Order authorizing his withdrawal as attorney of record for Patrick Hawkinson and as grounds therefor states as follows: 1. 2. That the attorney of record for Mr. Hawkinson wishes to withdraw. That counsel was appointed as pro bono counsel for Mr. Hawkinson by the Case No. 071377

United States District Court. 2. That Mr. Hawkinson has stated in correspondence dated October 15, 2007,

his intention to bring suit against counsel (See correspondence of October 15, 2007 and proposed Civil Complaint attached hereto as Exhibit A). 3. Given the correspondence and proposed Civil Complaint, an adversarial

nature now exists between Mr. Hawkinson and counsel. 3. 4. That the United States Court of Appeals retains jurisdiction of this matter. That Mr. Hawkinson has the burden of keeping the Court informed where

notices, pleadings or other papers may be served. 5. That Mr. Hawkinson has the obligation to prepare for all appellate

proceedings, or secure other counsel to do so. 6. That if Mr. Hawkinson fails or refuses to meet these burdens, the Court may

impose appropriate sanctions.

Case 1:04-cv-01271-EWN-BNB

Document 339

Filed 11/06/2007

Page 2 of 3

7.

That notice or service of process may be served upon Mr. Hawkinson at his

last known address of: Patrick Hawkinson DOC # 62702 STERLING CORRECTIONAL FACILITY P.O. Box 6000 Sterling, CO 80751 WHEREFORE, for the above-stated reasons, counsel for Patrick Hawkinson hereby respectfully requests that the Court enter an Order authorizing the withdrawal of Dennis W. Hartley, P.C. as counsel for Mr. Hawkinson. Dated this 5th day of November, 2007. Respectfully submitted, LAW OFFICE OF DENNIS W. HARTLEY, P.C.

By:

/s Dennis W. Hartley Dennis W. Hartley (#788) Attorneys for Plaintiff 1749 S. Eighth St., Ste. 5 Colorado Springs, CO 80906 (719) 635-5521 Fax: (719) 635-5760

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Case 1:04-cv-01271-EWN-BNB

Document 339

Filed 11/06/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that I have duly served a correct copy of the above Motion to Withdraw on the parties below by electronic filing and placing in the United States mail, postage prepaid, on this 5th day of November, 2007. Clerk UNITED STATES COURT OF APPEALS Byron White US Courthouse 1823 Stout St. Denver, CO 80257 Clerk UNITED STATES DISTRICT COURT Byron White US Courthouse 1823 Stout St. Denver, CO 80294 Jennifer L. Veiga, Esq. HALL & EVANS, LLC 1125 17th St., Ste. 600 Denver, CO 80202 (303) 628-3321 Fax: (303) 628-3368 [email protected] Attorneys for Defendant, James A. Montoya Robert J.M. Scranton, Esq. 231 E. Vermijo Ave. Colorado Springs, CO 80903 (719) 477-0333 Fax: (719) 634-1579 [email protected] Attorneys for Defendants, R. Lynn Keener, Robert Scranton, and Estate of Opal Wilson Patrick Hawkinson DOC # 62702 STERLING CORRECTIONAL FACILITY P.O. Box 6000 Sterling, CO 80751

/s/ Robyn Lornell Robyn Lornell

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