Opinion
Civil Action No. 00-783-SLR
May 9, 2002
MEMORANDUM ORDER
Petitioner Lawrence Collingwood, Jr., is a state inmate incarcerated at the Delaware Correctional Center in Smyrna, Delaware. Proceeding pro se, petitioner filed an application for a writ of habeas corpus. (D.I. 2) Subsequently the court appointed Christopher D. Tease, Esq., to represent petitioner in this matter. (D.I. 32, 38) On August 28, 2001, counsel filed a motion to expend CJA funds for a trial transcript, which the court granted. (D.I. 103) In his motion, counsel represented that he would file an amended habeas petition within thirty days of the production of the transcript. (Id. at ¶ 5) Counsel has not filed an amended habeas petition, nor has he informed the court why an amended petition has not yet been filed. Because several months have passed without any communication from counsel, the court will order counsel to file forthwith either an amended habeas petition or a motion to withdraw as counsel for petitioner.
Also pending in this matter is petitioner's pro se request for production of documents. (D.I. 109) The court has previously instructed petitioner that the court will docket, but will not act upon, any letters or other papers submitted by petitioner so long as he is represented by counsel. (D.I. 89) For this reason, the court will deny petitioner's pro se request for production of documents without prejudice. Petitioner is again reminded that so long as he is represented by counsel, the court will docket, but will not act upon, any documents he submits.
Therefore, at Wilmington, this 9th day of May, 2002; IT IS HEREBY ORDERED that:
(1) Counsel for petitioner shall file either an amended habeas petition or a motion to withdraw as counsel no later than thirty (30) days after the date of this order.
(2) Petitioner's request for production of documents (D.I. 109) is denied without prejudice.