Free Motion to Withdraw - District Court of Delaware - Delaware

Case 1 :94-cv—00336-KAJ Document 459 Filed 03/31/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEROME HAMILTON, )
Plaintiff g
v. g C.A. N0. 94-336—KAJ
FAITH LEVY, etal., l
Defendants. g
MOTION TO WITHDRAW
Undersigned counsel for plaintiff Jerome K. Hamilton hereby moves to withdraw
and for entry of an order revoking counsel’s appointment. This motion is made at the request of
plaintiff. This motion is made because plaintiff has directed that undersigned counsel be
discharged; in this situation, Delaware Rule of Professional Responsibility l.l6(a)(3) requires
that counsel "shall withdraw from the representation of a client if the lawyer is discharged?
Because counsel serves under appointment by the Court, counsel has advised plaintiff as required
by the comments to Rule l.I6(a)(3). i
Plaintiff has, moreover, specifically stated that he is directing the undersigned
counsel to withdraw because he does not believe the undersigned counsel is providing adequate
or competent representation and due to "conflict of interest."
Pursuant to Local Rule 7.1.1, counsel certifies that defendants do not oppose this
motion.

Case 1:94-cv—00336-KAJ Document 459 Filed 03/31/2005 Page 2 of 4
WHEREFORE, plaintiff Jerome K. Hamilton respectfully requests the Court to
enter the attached order granting this motion.
Y UN CONAWAY S GATT & TAYLOR, LLP
Jo . Shaw (No. 3362)
Th randywine Building
1000 West Street, 17th Floor
Wilmington, Delaware 19899-0391
(302) 571-6672
Attorney for Plaintiff
Dated: March 31, 2005

Case 1:94-cv—00336-KAJ Document 459 Filed 03/31/2005 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JEROME HAMILTON, )
Plaintiff, 3
v. g C.A. N0. 94·-336-KAJ
FAITH LEVY, et al., g
Defendants. i
ORDER
At Wilmington this ____ day of April, 2005, IT IS HEREBY ORDERED that:
l. The motion to withdraw filed by plaintiff s counsel is granted.
2. The order appointing John W. Shaw, Esquire and the law firm of Young
Conaway Stargatt & Taylor, LLP to represent plaintiff in this action (D.I. 256) is revoked.


Case 1:94-cv—00336-KAJ Document 459 Filed 03/31/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on March 31, 2005, I caused to be electronically tiled a tme and
, correct copy of the foregoing with the Clerk of the Court using CM/ECF, which will send
notification that such tiling is available for viewing and downloading to the following counsel of
record:
Marc P. Niedzielski, Esquire
Thomas H. Ellis, Esquire
Richard W. Hubbard, Esquire
Ralph K. Durstein, III, Esquire
Aaron Goldstein, Esquire
Department of Justice
Carvel State Building
820 N. French Street
Wilmington, DE 19801
YOUNG CONAWAY ST RGATT & TAYLOR, LLP
Jo . Shaw (No. 3362)
The randywine Building
1000 West Street, 17th Floor
Wilmington, DE 19801
P.O. Box 391
Wilmington, DE 19899-0391
(302) 571-6600
[email protected]
Attorneys for Jerome Hamilton
WP3;1099246.1 5:36974001