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Motion to Withdraw as Counsel of Record — No. 1:21-cr-20242 (Dkt. 150, S.D. Fla.)

Summary

A Motion to Withdraw as Counsel of Record, Document 150 entered on the docket January 25, 2023 in the Southern District of Florida (Case 1:21-cr-20242-CMA), United States v. Joseph Timothy Grenon, filed by CJA counsel Paul J. Donnelly. Donnelly was appointed as standby counsel when the defendant insisted on representing himself, and the defendant was transferred to the Federal Medical Center-Fort Worth for a court-ordered competency evaluation, returning to FDC-Miami before Christmas. The motion says that he refused a legal visit and returned legal mail from counsel, so there is no active communication. Counsel asks to be discharged, and a proposed order is attached.

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“Motion to Withdraw as Counsel of Record — No. 1:21-cr-20242 (Dkt. 150, S.D. Fla.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/motion-to-withdraw-as-counsel-of-record-no-1-21-cr-20242-dkt-150-s-d-f-4bcb2db296/, SHA-256 985d36100cca801fa0b600780350c2147260fce9d5853570e2db64500817296c.

Full text

Case 1:21-cr-20242-CMA Document 150 Entered on FLSD Docket 01/25/2023 Page 1 of 3




                              UNITED STATES DISTRICT COURT
                              SOUTHERN DISTRICT OF FLORIDA

                               CASE NO. 21-20242-Cr-ALTONAGA


  UNITED STATES OF AMERICA,

         Plaintiff,

  vs.

  JOSEPH TIMOTHY GRENON,

         Defendant.
                                                               /

                      MOTION TO WITHDRAW AS COUNSEL OF RECORD

         COMES NOW, undersigned counsel, PAUL J. DONNELLY, and moves this Honorable

  Court to grant this Motion to Withdraw as CJA Counsel of Record for Defendant Joseph Timothy

  Grenon. In support of this motion, undersigned counsel states:

         1.      This Honorable Court appointed undersigned counsel under the Criminal Justice

  Act to represent Mr. Grenon in the instant matter. Originally, this Court appointed the undersigned

  to serve as standby counsel for Mr. Grenon, as Mr. Grenon insisted on representing himself.

         2.      Defendant Grenon was transferred from the Federal Detention Center–Miami to the

  Federal Medical Center-Fort Worth for the Bureau of Prisons to conduct a competency evaluation

  of Mr. Grenon that was ordered by this Court. Mr. Grenon was not returned to the FDC-Miami

  until after Thanksgiving but before Christmas Day.

         3.      After Mr. Grenon returned to the FDC-Miami, the undersigned attempted to

  conduct a legal visit with Mr. Grenon at the facility; however, staff at the facility told the

  undersigned that Mr. Grenon refused the legal visit.

         4.      Undersigned counsel then sent a letter to Mr. Grenon attempting to clarify whether
                                             Page 1 of 3
Case 1:21-cr-20242-CMA Document 150 Entered on FLSD Docket 01/25/2023 Page 2 of 3




  Defendant refused the legal visit, and this letter was returned to the undersigned by the Bureau of

  Prisons with a memorandum from the BOP indicating Mr. Grenon refused to accept the legal mail

  sent by the undersigned.

         5.      Since Mr. Grenon has refused the in-person visit with his counsel and refused to

  open mail from his appointed counsel, there is no active communication between Grenon and his

  counsel. As a result of this utter lack of communication, the undersigned seeks leave of this Court

  to withdraw as counsel of record.

         6.      This motion is filed in good faith and only for the reasons alleged herein.

         7.      A proposed Order is attached to this filing.



         WHEREFORE, undersigned counsel respectfully requests that this Honorable Court

  GRANT the present motion and discharge the undersigned as CJA counsel of record.



                                                       Respectfully submitted,

                                                       PAUL J. DONNELLY, P.A.
                                                       One N.E. 2nd Avenue
                                                       Suite 200
                                                       Miami, FL 33132
                                                       Tel: 305-757-3331
                                                       Mobile: 786-258-4226
                                                       Donnellylaw@bellsouth.net

                                                       /s/ /Paul J. Donnelly/
                                                       PAUL J. DONNELLY
                                                       Florida Bar No. 963895




                                             Page 2 of 3
Case 1:21-cr-20242-CMA Document 150 Entered on FLSD Docket 01/25/2023 Page 3 of 3




                                     Certificate of Service

         I HEREBY CERTIFY that on this       25th    day of JANUARY 2023, I electronically

  filed the foregoing document with the Clerk of Court using CM/ECF.



                                                    /s/ /Paul J. Donnelly/
                                                    PAUL J. DONNELLY




                                          Page 3 of 3


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