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

Case 3:00-cv-00720-JCH

Document 132

Filed 08/03/2007

Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CONNECTICUT ) ) ) ) v. ) ) THERESA C. LANTZ, Commissioner of ) the Connecticut Department of Correction, ) Defendant. ) ) WILLIAM CONNELLY, Plaintiff,

CIVIL ACTION NO. 3:00-CV-720(JCH)

August 2, 2007

MOTION FOR LEAVE TO WITHDRAW APPEARANCES AS COURT-APPOINTED PRO BONO COUNSEL

Pursuant to D. Conn. Local Civil Rules 7(e) and 83.10, the undersigned counsel respectfully move this Court to withdraw their Appearances in the above-captioned matter as Court-Appointed Pro Bono counsel for plaintiff, William Connelly. As explained in Mr. Connelly's recent submission to the Court, dated July 24, 2007, Mr. Connelly no longer wishes to be represented by the undersigned counsel and instead has elected to again represent himself pro se in this case. See July 24, 2007 Notice to Court and Adversary Party of Intent to Proceed Pro Se ("Notice"). Withdrawal is warranted by the circumstances of this case because Mr. Connelly has discharged the undersigned as counsel. (Notice at 1.) Mr. Connelly has clearly expressed his

ORAL ARGUMENT NOT REQUESTED

Case 3:00-cv-00720-JCH

Document 132

Filed 08/03/2007

Page 2 of 3

informed election no longer to be represented by the undersigned but instead to represent himself. Mr. Connelly's Notice expressly states that he is discharging the undersigned. (Notice at 1.) The provisions of L.Civ.R. 83.10 provide that appointed counsel shall be discharged under these circumstances. L.Civ.R. 83.10(e)(2) (appointed attorney shall be discharged from further representation where request for discharge is supported by good cause, such as a substantial disagreement between the party and appointed attorney on litigation strategy); L.Civ.R. 83.10(e)(3) (where request for discharge is not supported by good cause, the party may prosecute the action pro se, and the appointed attorney shall be discharged from the representation). Mr. Connelly has requested that the undersigned file this motion to withdraw and been informed that we would do so. A copy of this motion has been sent to Mr. Connelly by certified mail, pursuant to Local Rule 7(e) and 83.10(d)(1). WHEREFORE, for the foregoing reasons, the undersigned counsel respectfully seek leave to withdraw their appearances for the plaintiff, William Connelly, in this case.

/s/ Jonathan B. Tropp Jonathan B. Tropp (ct11295) Day Pitney LLP One Canterbury Green Stamford, CT 06901 Telephone: (203) 977-7300 Facsimile: (203) 977-7301 [email protected]

-2-

Case 3:00-cv-00720-JCH

Document 132

Filed 08/03/2007

Page 3 of 3

/s/ Catherine Dugan O'Connor Catherine Dugan O'Connor (ct17316) Day Pitney LLP One Canterbury Green Stamford, CT 06901 Telephone: (203) 977-7300 Facsimile: (203) 977-7301 [email protected] /s/ William C. Mercer William C. Mercer (ct26526) Day Pitney LLP One Canterbury Green Stamford, CT 06901 Telephone: (203) 977-7300 Facsimile: (203) 977-7301 [email protected] CERTIFICATE OF SERVICE THIS IS TO CERTIFY THAT, on the date hereof, a copy of the foregoing was served via First Class U.S. Mail, postage prepaid, upon the following counsel for Defendant: Steven R. Strom, Esq. Robert B. Fiske, III, Esq. Assistant Attorneys General 110 Sherman Street Hartford, CT 06105 A copy of the foregoing was also sent by certified mail, return receipt requested, to: Mr. William Connelly, #189009 Enfield Correctional Institution 289 Shaker Road Enfield, CT 06082 /s/ Jonathan B. Tropp Jonathan B. Tropp

-3-