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

Case 1:04-cv-00551-LTB-CBS

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Filed 12/01/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-551-LTB-CBS STEVEN D. HARRINGTON, Applicant, v.

LARRY REID, Warden, and KEN SALAZAR, Attorney General of the State of Colorado, Respondents.

MOTION FOR PERMISSION TO WITHDRAW AS COUNSEL FOR APPLICANT, NOTIFICATION CERTIFICATE AND NOTICE TO COURT

COMES NOW Robert G. Levitt, CJA appointed counsel for the Applicant, hereby moves this Court for an Order permitting withdrawing as counsel of record in the abovecaptioned action. In support of Motion, counsel states as follows: 1. Undersigned counsel has been appointed to represent the Applicant during his habeas corpus proceedings. 2. On October 31, 2005, this Court issued a Report and Recommendation denying the Applicant relief as he requested pursuant to his Section 2254 Habeas Corpus Petition. 3. On November 10, 2005, undersigned counsel filed objections to the Report and Recommendation. 4. Unless the District Court reverses Judge Craig B. Shaffer's Report and

Recommendation, no further legal work is required by undersigned counsel on behalf of

Case 1:04-cv-00551-LTB-CBS

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the Applicant and the scope of counsel's representation has now concluded pursuant to the order of appointment. 5. In a letter received by the undersigned counsel on November 30, 2005, the Applicant has requested that counsel not serve as "head counsel" and "not do anything further without Applicant's consent." Applicant has requested that counsel serve as his "guide" in the habeas process. Applicant's request was reiterated in a telephone conversation held with undersigned counsel on December 1, 2005. 6. Undersigned counsel wishes to withdraw given the irreconcilable differences that currently exist with the Applicant pursuant to his request and demands as stated in his letter dated November 27, 2005. 7. By copy of the motion mailed to the Applicant on December 1, 2005, the Applicant is advised of the following information regarding the pending case, and the effect of withdrawal from said action by the undersigned counsel. (a) The undersigned counsel wishes to withdraw; (b) The Court shall retain jurisdiction of this matter; (c) The Applicant has the burden of keeping the Court informed where notices, pleadings, or other papers may be served. (d) The Applicant has the obligation to file any objections that may be issued by the Court; (e) That if Applicant fails or refuses to meet these burdens, the Applicant will suffer possible default and additional penalties for failure to file timely motions or objections. (f) No proceedings will be affected by the withdrawal of the undersigned counsel; (g) Service of process may be served upon the Applicant at his last known address; and,

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(h) Applicant has the right to object to this Motion within fifteen (15) day of this Notice commencing on December 1, 2005.

NOTIFICATION CERTIFICATE Undersigned Counsel hereby states that the notification requirements, as stated in C.R.C.P. 121, have been met by said counsel having mailed a true and correct copy of the foregoing Notice to Applicant at his last known address, as stated herein, by first class mail, this 1st day of December 2005.

WHEREFORE, the undersigned counsel requests as Order of this Court granting permission to withdraw as counsel for the Applicant.

DATED this 1st day of December, 2005.

Respectfully submitted,

s/ Robert G. Levitt Robert G. Levitt, Esq. Counsel for Applicant Colorado Reg. 24252 600 17th Street Suite 2800 South Denver, Colorado 80202 (303) 377-9000 Email: [email protected]

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Case 1:04-cv-00551-LTB-CBS

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 1 st day of December, 2005, a true and correct copy of the foregoing MOTION TO WITHDRAW was deposited in the U.S. Mail, postage prepaid, and sent to the following:

Steven Harrington Reg. No. 84153 Centennial Correctional Facility P.O. Box 600 Canon City, Colorado 81215

Paul Koehler, Esq. Assistant Attorney General Office of the Attorney General 1525 Sherman Street, 5 th Floor Denver, Colorado 80203

s/ Robert G. Levitt___

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