Motion to Withdraw

Record facts

U.S. District Court for the Southern District of West Virginia · No. 5:23-cv-00393 · Doc. 20 · 2024-12-16 · Docket on CourtListener

Summary

A motion to withdraw filed December 16, 2024 by John A. Carr, counsel for claimant Ross Bailey, in a civil forfeiture case, United States v. $168,849.42 Seized from First Community Bank, et al., Case No. 5:23-cv-00393, in the U.S. District Court for the Southern District of West Virginia. It is Document 20. The caption lists funds of $168,849.42 and $299,604.40 seized from First Community Bank and $2,333,832.28 and $45,000 frozen from Ally Investment. The motion recounts a December 9, 2024 show cause order and the government's December 16, 2024 response, and notes that new counsel R. Brandon Johnson and John D. Wooten filed a notice of appearance and a motion to stay on December 10, 2024. Citing the retention of new counsel, the motion asks that Carr be formally relieved. The three-page filing includes a certificate of service.

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Full text

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff. 
 
v. 
 
 
 
 
 
 
 
 
Case No. 5:23-cv-00393 
 
 
$168,849.42 SEIZED FROM FIRST COMMUNITY BANK, ACCOUNT NUMBER XX2781; 
$299,604.40 SEIZED FROM FIRST COMMUNITY BANK, ACCOUNT NUMBER XX2660; 
$2,333,832.28 FROZEN FROM ALLY INVESTMENT, ACCOUNT NUMBER XX-X6295-11; 
$45,000 FROZEN FROM ALLY INVESTMENT, ACCOUNT NUMBER XX-X6295-11. 
 
MOTION TO WITHDRAW 
On December 9, 2024, this Court issued a Show Cause Order directing the United States 
to advise on or before December 16, 2024, whether this case should be dismissed, or alternatively, 
for the Court to be informed by the parties of their views as to the necessary case events and 
intervals to bring the case to Judgement.  (Doc. #12).  
The United States filed a Response on December 16, 2024.  (Doc. #19).  In its response, 
the United States summarizes the procedural history of the case.  Most specifically, the United 
States recounts to history of the representation of Claimant Ross Bailey, and the Notice of 
Appearance filed on December 10, 2024, by new counsel, R. Brandon Johnson and John D. 
Wooten, and the filing on the same day of a Motion to Stay, (Doc. #10). 
Based upon the actions taken in related cases, and the retention of new counsel by the 
Claimant, the undersigned counsel respectfully requests to be formally relieved. 
s/ John A. Carr  
John A. Carr, Esq. (WVSB #10461) 
John A. Carr Attorney at Law, PLLC 
179 Summers Street, Ste 209 
Charleston, WV 25301 
304-344-4822 
E-mail:  jcarr@jcarrlaw.com 
 
Case 5:23-cv-00393     Document 20     Filed 12/16/24     Page 1 of 3 PageID #: 98

UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF WEST VIRGINIA 
 
UNITED STATES OF AMERICA, 
 
 
 
Plaintiff. 
 
v. 
 
 
 
 
 
 
 
 
Case No. 5:23-cv-00393 
 
 
 
$168,849.42 SEIZED FROM FIRST COMMUNITY BANK, ACCOUNT NUMBER XX2781; 
$299,604.40 SEIZED FROM FIRST COMMUNITY BANK, ACCOUNT NUMBER XX2660; 
$2,333,832.28 FROZEN FROM ALLY INVESTMENT, ACCOUNT NUMBER XX-X6295-11; 
$45,000 FROZEN FROM ALLY INVESTMENT, ACCOUNT NUMBER XX-X6295-11. 
 
 
CERTIFICATE OF SERVICE 
 
I hereby certify that the Claimant Ross Bailey’s “MOTION TO WITHDRAW” was 
served by ECF notification to 
Christopher R. Arthur (W.Va. Bar No. 9192) 
Assistant United States Attorney 
300 Virginia Street, East, Room 4000 
Charleston, WV 25301 
Phone: 304-345-2200 
Email:  chris.arthur@usdoj.gov 
Counsel for Defendant United States of America 
 
John D. Wooten, Jr. (W.Va. Bar No. #10571) 
R. Brandon Johnson (W.Va. Bar No. #5581) 
WOOTEN, DAVIS, HUSSELL & JOHNSON, PLLC 
P.O. Box 2600 
Beckley, 25802-2600 
 
 
on December 16, 2024. 
s/ John A. Carr  
John A. Carr, Esq. (WVSB #10461) 
John A. Carr Attorney at Law, PLLC 
179 Summers Street, Ste 209 
Charleston, WV 25301 
304-344-4822 
Case 5:23-cv-00393     Document 20     Filed 12/16/24     Page 2 of 3 PageID #: 99

E-mail:  jcarr@jcarrlaw.com 
Case 5:23-cv-00393     Document 20     Filed 12/16/24     Page 3 of 3 PageID #: 100

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