Free Order on Motion to Withdraw Document - District Court of Colorado - Colorado

Case 1:01-cr-00359-WYD

Document 386

Filed 11/01/2007

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Criminal Action No. 01-cr-00359-WYD UNITED STATES OF AMERICA, Plaintiff, v. 2. BRAULIO MEDINA-GARCIA, Defendant.

MINUTE ORDER ORDER ENTERED BY DISTRICT JUDGE WILEY Y. DANIEL Defendant filed a pro se Motion for Withdraw (docket #385) on October 30, 2007. I construe Defendant's motion as a request to withdraw his pro se Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255 (docket #380) because the Court would not consider a motion that Defendant filed pro se while he was represented by counsel. However, in light of my Order dated October 25, 2007, which granted the withdrawal of Defendant's counsel, I find that Defendant's Motion to Withdraw should be denied as moot. Because Defendant's counsel, Adam M. Tucker, has been granted leave to withdraw as counsel of record, Defendant's pro se Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 is proper and remains pending before the Court. Accordingly, it is ORDERED that Defendant's Motion for Withdraw (docket #385) is DENIED AS MOOT. Dated: November 1, 2007