Motion to Withdraw as Counsel for Maurice Fayne — United States v. Maurice Fayne, No. 1:20-mj-00370 (N.D. Ga.)

Summary

Motion to withdraw as counsel for Maurice Fayne in United States v. Maurice Fayne, criminal action no. 1:20-mj-00370, in the Northern District of Georgia, Atlanta Division. Counsel states she was hired pre-arrest to advise Mr. Fayne in connection with a federal investigation concerning a loan application, and that Mr. Fayne has indicated he is without the ability to work, has no financial resources and cannot afford to pay for representation. The motion asks the court to grant the withdrawal or, alternatively, to conduct a hearing on the motion. It is dated June 16, 2020, and carries the signature text /s/ Tanya F. Miller.

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                IN THE UNITED STATES DISTRICT COURT
               FOR THE NORTHERN DISTRICT OF GEORGIA
                       ATLANTA DIVISION

 UNITED STATES OF AMERICA                 )
                                          )    CRIMINAL ACTION NO.
                                          )    1:20-mj-00370
                                          )
 V.                                       )
                                          )
MAURICE FAYNE                             )
                                          )

               MOTION TO WITHDRAW AS COUNSEL

      COMES NOW undersigned counsel and files this motion to withdraw

as counsel for Maurice Fayne. In support of this motion, counsel shows the

following:

                                     1.

      Undersigned counsel was hired pre-arrest to advise Mr. Fayne in

connection with a federal investigation concerning a loan application.

Subsequent to that, an arrest warrant issued. When undersigned counsel

learned that an arrest warrant had been obtained for Mr. Fayne, counsel

negotiated his surrender and appeared on Mr. Fayne’s behalf at the initial

appearance.

                                     2.

      Since the time of that initial appearance, Mr. Fayne has indicated to
counsel that he is currently without the ability to work, has no financial

resources and is thus unable to afford to pay for representation in this

complex case or to fulfill the initially agreed upon fee arrangement.

Pursuant to LCrR 57.1, undersigned counsel represents the following:

     a. The foregoing Motion to Withdraw is being made after extensive

        telephonic and in person consultation with Mr. Fayne. Mr. Fayne

        requested that undersigned counsel file this Motion in light of his

        inability to retain her services. Mr. Fayne has had at least 14 days’

        notice of counsel’s intent to seek to withdraw from his case; and

     b. A copy of the written formalization of counsel’s previous

        discussions with Mr. Fayne concerning counsel’s withdrawal is

        attached hereto as Exhibit A.

     c. A copy of this Motion will be served on opposing counsel at the

        time of filing by way of the Court’s electronic filing system and will

        be emailed to Mr. Fayne on the date of this filing.

                                        3.

     Undersigned counsel therefore requests that this Court grant this

Motion to Withdraw in connection with these criminal proceedings.

Alternatively, counsel would request that the court conduct a hearing to
address this Motion.

                                CONCLUSION

      WHEREFORE, undersigned counsel requests that this Court grant this

Motion to Withdraw. Alternatively, if the Court is not inclined to grant this

Motion, counsel requests that this Court conduct a hearing on this matter.

      Respectfully submitted this 16th day of June, 2020.

                                   /s/ Tanya F. Miller
                                   Tanya F. Miller
                                   Ga. Bar No. 508434
                                   Attorney for Maurice Fayne

DuBose Miller, LLC
75 14th Street NE, Suite 2110
Atlanta, Georgia 30309
(404) 720-8111
miller@dubosemiller.com
                           CERTIFICATE OF SERVICE

      I hereby certify that the foregoing Motion was filed by uploading it

with the Northern District of Georgia’s Electronic Filing System which will

automatically serve opposing counsel with the Motion.

      Dated: this 16th day of June, 2020.


                                   /s/ Tanya F. Miller
                                   Tanya F. Miller
                                   Ga. Bar No. 508434
                                   Attorney for Maurice Fayne

DuBose Miller, LLC
75 14th Street NE, Suite 2110
Atlanta, Georgia 30309
(404) 720-8111
miller@dubosemiller.com


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