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

Case 1:04-cv-01328-GMS

Document 59

Filed 04/04/2007

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES HALL, Plaintiff, v. DAVID HOLMAN, Deputy Warden LAWRENCE McGUIGAN, and CLYDE SAGERS Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1328-GMS

MOTION TO WITHDRAW REPRESENTATION OF STATE DEFENDANTS COMES NOW the undersigned counsel and respectfully requests that this Honorable Court enter an order, substantially in the form attached hereto, withdrawing her entry of appearance and answer on behalf of State defendants David Holman and Clyde Sagers. Deputy Attorney General Stacey Xarhoulakos has entered an appearance in this lawsuit on October 23, 2006, and will remain as counsel for the State defendants. WHEREFORE, the undersigned counsel respectfully requests that this Honorable Court grant the Motion to Withdraw Representation.

STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Lisa Barchi, I.D. # 3927 Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302) 577-8400

Dated: April 4, 2007

Case 1:04-cv-01328-GMS

Document 59

Filed 04/04/2007

Page 2 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES HALL, Plaintiff, v. DAVID HOLMAN, Deputy Warden LAWRENCE McGUIGAN, and CLYDE SAGERS Defendants. ) ) ) ) ) ) ) ) ) ) )

C.A. No. 04-1328-GMS

7.1.1 CERTIFICATE OF COUNSEL The undersigned counsel hereby certifies, pursuant to Rule 7.1.1 of the Local Rules for the District Court of Delaware, that she is, as a practical matter, unable to discuss the subject of the Motion to Withdraw Representation with the Plaintiff because the Plaintiff has no telephone contact information. Defense counsel assumes that the Plaintiff opposes the Motion to Withdraw Representation. STATE OF DELAWARE DEPARTMENT OF JUSTICE /s/ Lisa Barchi Lisa Barchi, I.D. # 3927 Deputy Attorney General 820 N. French Street Wilmington, DE 19801 (302) 577-8400 Attorney for State Defendants

Dated: April 4, 2007

Case 1:04-cv-01328-GMS

Document 59

Filed 04/04/2007

Page 3 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JAMES HALL, Plaintiff, v. DAVID HOLMAN, Deputy Warden LAWRENCE McGUIGAN, and CLYDE SAGERS Defendants. ) ) ) ) ) ) ) ) ) ) ) ORDER Upon the Motion to Withdraw Representation of State defendants; and it appearing that good and sufficient notice of the Motion to Withdraw Representation has been given; and after due deliberation thereon: IT IS HEREBY ORDERED that the Motion to Withdraw Representation of State defendants is GRANTED. SO ORDERED this _________ day of ______________, 2007.

C.A. No. 04-1328-GMS

____________________________________ J.

Case 1:04-cv-01328-GMS

Document 59

Filed 04/04/2007

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CERTIFICATE OF SERVICE I hereby certify that on April 4, 2007, I electronically filed with the Clerk of Court Motion to Withdraw representation of State Defendants using CM/ECF. I hereby certify that on April 4, 2007, I have mailed by United States Postal Service, the document to the following nonregistered participant: James Hall 6269 Oxon Hill Road Apt. B-1 Oxon Hill, MD 20745 and 10904 Hidden Creek Court Ft. Washington, MD 20744

/s/ Lisa Barchi Lisa Barchi # 3927 Deputy Attorney General Carvel State Office Building 820 N. French Street, 6th Floor Wilmington, DE 19801 302-577-8400 [email protected]