Order — No. 1:21-cr-00216 (Dkt. 101, W.D. Tex.)

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An order in United States v. Tiffany Fullerton, No. 1:21-CR-00216-RP, in the U.S. District Court for the Western District of Texas, Austin Division, filed January 17, 2023 as Document 101 (2 pages), with the signature block of Magistrate Judge Dustin M. Howell. It grants the defendant's Agreed Motion to Withdraw as Counsel and for Appointment of New Counsel (Dkt. 95), which was referred to the magistrate judge (Dkt. 96) and which the United States does not oppose. John de la Vina is permitted to withdraw, Novert A. Morales is appointed to represent the defendant, and Mr. de la Vina is directed to give Mr. Morales a copy of the file.

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         Case 1:21-cr-00216-RP Document 101 Filed 01/17/23 Page 1 of 2




                       UNITED STATES DISTRICT COURT
                        WESTERN DISTRICT OF TEXAS
                              AUSTIN DIVISION

 UNITED STATES OF AMERICA,                  §
                                            §
                                            §
 v.                                         §      No. 1:21-CR-00216-RP
                                            §
 (3) TIFFANY FULLERTON,                     §
 Defendant                                  §


                                        ORDER

      Before the Court is Defendant’s Agreed Motion to Withdraw as Counsel and

for Appointment of New Counsel, Dkt. 95. The District Court referred the motion to

the undersigned for disposition, Dkt. 96, and, after setting and hearing the motion,

the Court will grant the requested relief, for the reasons stated below.

      At the outset of the case, the Court appointed John de la Vina to represent

Defendant. Dkt. 63. The motion states that Defendant has since “lost faith and all

confidence” in her appointed counsel and that she and her attorney are “no longer

able to communicate effectively.” Id., at 1. The motion further states that Defendant

“has grown to believe that counsel lacks the ability and desire to defend her” and that

for all of these reasons, their attorney-client relationship is no longer functional. Id.,

at 1-2. Defendant confirmed these sentiments in her response, Dkt. 99, and at the

hearing on the motion. Counsel for the United States does not oppose the motion.

Dkt. 95, at 3.




                                            1
         Case 1:21-cr-00216-RP Document 101 Filed 01/17/23 Page 2 of 2




      The Court will permit the withdrawal of Mr. de la Vina and appoint new

counsel. The Court, however, cautions Defendant, as the Court did at the hearing on

the motion, that future requests for counsel will not be well-taken.

      IT IS THEREFORE ORDERED that the motion, Dkt. 95, is GRANTED. Mr.

de la Vina is permitted to WITHDRAW as counsel for Defendant, and Novert A.

Morales, Attorney at Law, 1007 E. 7th St., Austin, TX 78702, 512-474-1499, email:

nam@moraleslawoffice.com, is appointed to represent Defendant in the above-

captioned case. The Court FURTHER ORDERS that Mr. de la Vina meet with Mr.

Morales at the earliest opportunity to give Mr. Morales a copy of the file and bring

him up to date with regard to the representation of Defendant. Thereafter, Mr. de la

Vina has no further responsibilities in this case.

      SIGNED January 17, 2023.



                                        DUSTIN M. HOWELL
                                        UNITED STATES MAGISTRATE JUDGE




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