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Smith v. Wolfe

October 17, 2006

TRAVIS A. SMITH, PETITIONER,
v.
JEFFERY WOLFE, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Magistrate Judge Kemp

JUDGE SARGUS

ORDER

On August 29, 2006, the Court appointed counsel for petitioner in anticipation of an evidentiary hearing on claim three of the instant habeas corpus petition, in which petitioner asserts that he was denied due process and his right to appeal because he was never advised of his right to appeal. On October 11, 2006, a status conference was held. At that time, counsel for petitioner indicated that he has had difficulty contacting petitioner. The parties are uncertain as to whether petitioner intends to go forward with this action.

Therefore, petitioner is hereby DIRECTED to contact appointed counsel, Thomas F. Charlesworth, 1654 E. Broad Street Suite 301, Columbus, Ohio, 43203, at 614-258-4848, within thirty (30) days of the date of this order and to advise Mr. Charlesworth whether petitioner intends to pursue this federal habeas corpus petition. Counsel may file a leave to withdraw if he does not hear from petitioner within thirty (30) days. Petitioner is advised that if he fails to contact counsel within thirty days and counsel is permitted to withdraw, the Court will not appoint another attorney, and petitioner will be expected to pursue the case on his own. If he fails to do so, the case may then be dismissed for failure to prosecute.

IT IS SO ORDERED.

Terence P. Kemp United States Magistrate Judge

20061017

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