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CARBAJAL v. HOLDER, C14-810-MJP-BAT. (2014)

Court: District Court, D. Washington Number: infdco20140804693 Visitors: 13
Filed: Jun. 30, 2014
Latest Update: Jun. 30, 2014
Summary: REPORT AND RECOMMENDATON BRIAN A. TSUCHIDA, Magistrate Judge. Petitioners' attorney, Bruno J. Bembi, has appeared in this case without local counsel and without filing an application for admission to this court pro hac vice, as required by the local rules. On June 3, 2014, the Court ordered Mr. Bembi to obtain local counsel and file for pro hac vice admission by June 12, 2014. Dkt. 3. The Court informed Mr. Bembi that if he failed to timely obtain pro hac vice admission, he would be remo
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REPORT AND RECOMMENDATON

BRIAN A. TSUCHIDA, Magistrate Judge.

Petitioners' attorney, Bruno J. Bembi, has appeared in this case without local counsel and without filing an application for admission to this court pro hac vice, as required by the local rules. On June 3, 2014, the Court ordered Mr. Bembi to obtain local counsel and file for pro hac vice admission by June 12, 2014. Dkt. 3. The Court informed Mr. Bembi that if he failed to timely obtain pro hac vice admission, he would be removed from the Court's docket as petitioners' counsel and petitioners would proceed pro se until they retain new counsel admitted to practice before this Court. Id. at 2-3. On June 12, 2014, Mr. Bembi asked for an extension of time to obtain local counsel. Dkt. 8. The Court granted Mr. Bembi an extension of time until June 23, 2014. Dkt. 9.

To date, Mr. Bembi has neither filed for pro hac vice admission nor asked for another extension of time. Accordingly, the Court recommends terminating Mr. Bembi as petitioners' counsel in this matter. Petitioners will then proceed pro se until Mr. Bembi is properly admitted pro hac vice or until they retain new counsel admitted to practice before this Court. A proposed order accompanies this Report and Recommendation.

The Clerk shall direct copies of this Report and Recommendation to Mr. Bembi at his address of record and to Jose Jonal Guevara Carbajal, A203-636-152, at the Northwest Detention Center in Tacoma.

OBJECTIONS AND APPEAL

This Report and Recommendation is not an appealable order. Therefore a notice of appeal seeking review in the Court of Appeals for the Ninth Circuit should not be filed until the assigned District Judge enters a judgment in the case.

Objections, however, may be filed and served upon all parties no later than July 14, 2014. The Clerk should note the matter for July 18, 2014, as ready for the District Judge's consideration if no objection is filed. If objections are filed, any response is due within 14 days after being served with the objections. A party filing an objection must note the matter for the Court's consideration 14 days from the date the objection is filed and served. The matter will then be ready for the Court's consideration on the date the response is due. Objections and responses shall not exceed five (5) pages. The failure to timely object may affect the right to appeal.

Source:  Leagle

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