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Stewart v. Bowersox, 4:16-CV-01240-AGF. (2019)

Court: District Court, E.D. Missouri Number: infdco20190709a30 Visitors: 12
Filed: Jul. 08, 2019
Latest Update: Jul. 08, 2019
Summary: MEMORANDUM AND ORDER AUDREY G. FLEISSIG , District Judge . This matter is before the Court on Missouri state prisoner Curtis Stewart's motion to dismiss appointed counsel (ECF No. 25) and appointed counsel's motion to withdraw (ECF No. 27). Petitioner asserts that appointed counsel has failed to assist Petitioner or respond to his questions, despite Petitioner's attempts to contact appointed counsel. Appointed counsel contends in his motion to withdraw from representation that counsel is n
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MEMORANDUM AND ORDER

This matter is before the Court on Missouri state prisoner Curtis Stewart's motion to dismiss appointed counsel (ECF No. 25) and appointed counsel's motion to withdraw (ECF No. 27). Petitioner asserts that appointed counsel has failed to assist Petitioner or respond to his questions, despite Petitioner's attempts to contact appointed counsel. Appointed counsel contends in his motion to withdraw from representation that counsel is not authorized under the provisions of the Criminal Justice Act, 18 U.S.C. § 3006(A), to represent Mr. Stewart in state administrative or court proceedings. Thus, he seeks to withdraw from representation while Petitioner's federal case is stayed.

Accordingly, for good cause shown,

IT IS HEREBY ORDERED that Petitioner's motion to dismiss counsel is GRANTED. ECF No. 25.

IT IS FURTHER ORDERED that appointed counsel's motion to withdraw is GRANTED. ECF No. 27. After Petitioner has exhausted his state court remedies, he may move for reappointment of counsel in federal court.

Source:  Leagle

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