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

Case 1 :04-cv-01367-GIVIS Document 67 Filed 10/31 /2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IULIAN A. MILLER,
Plaintiff,
v.
STANLEY TAYLOR, individually and in
his official capacity as Commissioner of the
Delaware Department of Correction;
THOMAS CARROLL, individually and in
his official capacity as Warden ofthe C.A. No. 04-1367-KAJ
Delaware Correctional Center at Smyrna;
DR. ALIE, individually and in her official
capacity as Medical Director at DCC
Smyrna; RN IHOMA, individually and in
her official capacity as Registered Nurse at
DCC Smyrna,
Defendants.
MOTION FOR WITHDRAWAL OF APPEARANCE
Counsel for Plaintiff Sean P. Hayes, respectfully requests that his appearance be
withdrawn as attorney of record for Plaintiff Julian A. Miller. Mr. Hayes left the firm of
Fish & Richardson to work as an engineer in New Castle, Delaware. Accordingly, Mr.
Hayes is not able to continue his representation of Mr. Miller and seeks to be replaced by
an attorney on the Federal Civil Panel yet to be identified.
One pending matter exists in this case. Mr. Miller was granted an extension of
time to file an affidavit of merit relating to his assertion of medical negligence (D.I. 52).
The deadline to file the affidavit of merit is currently set for October 23, 2006. In light of
the need for a change of counsel, Plaintiff has previously submitted a motion for
extension of time for the filing of the Affidavit of Merit to be extended for 60 days in an
effort to allow sufficient time for replacement counsel to be appointed.

Case 1:04-cv—01367-G|\/IS Document 67 Filed 10/31/2006 Page 2 of 4
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Sean P. Hayes (1.1%. No. 4413)
919 N. Market Street, Suite 1100
P.O. Box 1114
Wilmington, DE 19899-1114
(302) 652-5070
Dated: October 19, 2006

Case 1:04-cv—01367-G|\/IS Document 67 Filed 10/31/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
JULIAN A. MILLER,
Plaintiff,
v.
STANLEY TAYLOR, individually and in
his official capacity as Commissioner of the Civil Action No. 04-1367 (KAJ)
Delaware Department of Correction;
THOMAS CARROLL, individually and in
his official capacity as Warden of the
Delaware Correctional Center at Smyrna; Demand For Jury Trial
DR. ALIE, individually and in her official
capacity as Medical Director at DCC
Smyrna; RN IHOMA, individually and in
her official capacity as Registered Nurse at
DCC Smyma,
Defendants.
ORDER
Having reviewed the Motion for Withdrawal of Appearance filed by Fish &
Richardson P.C. in this action,
IT IS SO ORDERED that the Motion for Withdrawal of Appearance is hereby
granted.
SO ORDERED this day of October, 2006.
UNITED STATES DISTRICT COURT JUDGE

Case 1:04-cv—01367-G|\/IS Document 67 Filed 10/31/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on October 19, 2006, I served the MOTION OF
WITHDRAWAL OF APPEARANCE on the following Delaware counsel at the
addresses and in the manner indicated below.
BY HAND BY HAND
Dana Spring Monzo (I.D. No. 4605) Stephani J. Ballard (I.D. No. 3481)
gp? églttg Street Department of Justice
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wiimmgm, DE 19899-0397 ithegloreeee eeeet
302-655-6749 . .
dmonzoga,mccmcl<.com Wttmmgtete DE 19801
(302) 577-8400
Attorney for Defendant [email protected]
Dr. Sitta B. Gombeh—Alie
Attorney for Defendants
Stanley Taylor and Thomas Carroll
BY CERTIFIED MAIL
Julian A. Miller
1181 Paddock Road
Smyma, DE 19977
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