Opinion
1:24-MC-39
05-29-2024
REPORT AND RECOMMENDATION, RECOMMENDING THAT VERIFIED PETITION TO READMIT TRAVIS C. SAYRE TO THE PRACTICE OF LAW [ECF NO. 1] BE GRANTED
MICHAEL JOHN ALOI UNITED STATES MAGISTRATE JUDGE
Pending before the undersigned United States Magistrate Judge is a Verified Petition to Readmit Travis C. Sayre to the Practice of Law to the United States District Court for the Northern District of West Virginia [ECF No. 1], filed on May 23, 2024. By Referral Order dated May 28, 2024 [ECF No. 3], the Hon. Thomas S. Kleeh, Chief United States District Judge, referred the motion to the undersigned for entry of a Report and Recommendation as to disposition of the request.
Pursuant to the United States District Court for the Northern District of West Virginia Local Rule of General Practice and Procedure 83.01(c):
An attorney for whom a notice of suspension has been received from the West Virginia State Bar shall be prohibited from practicing before the Court until the attorney has his/her license reinstated with the West Virginia State Bar and has been readmitted before the Court. Readmission requires that the suspended attorney provide written verification of his/her reinstatement with the West Virginia State Bar. In the event of a disciplinary suspension, the suspended attorney must also pay the attorney admission fee for the U.S. District Court for the Northern District of West Virginia.LR Gen P 83.01(c).
As provided in Petitioner's Verified Petition, on October 24, 2019, the Supreme Court of Appeals of West Virginia (“Supreme Court”) suspended Petitioner's law license and imposed other sanctions. Lawyer Disciplinary Board v. Travis C. Sayre, No. 18-0617 (W.Va. Oct. 24, 2019); [ECF No. 1-1, at 5]. On November 26, 2019, the Supreme Court issued a mandate suspending Petitioner's license to practice law in the State of West Virginia for a period of 120 days and issued other sanctions. [ECF No. 1-1, at 3-4]. On October 7, 2021, the Supreme Court issued an Order reinstating Petitioner's license subject to a period of two years of supervised practice. [ECF No. 1-1, at 1]. Petitioner indicated that he is a member of good standing with the West Virginia State Bar. [ECF No. 1, at 3]. Furthermore, a review of the docket indicates that Petitioner paid the filing fee along with the attorney admission fee on May 23, 2024. [ECF No. 2].
The undersigned confirmed with the West Virginia Office of Disciplinary Counsel that there are no outstanding complaints against the Petitioner.
For the reasons set forth herein, the undersigned FINDS that Petitioner complied with the appropriate Local Rule and thus the undersigned RECOMMENDS that the Verified Petition [ECF No. 1] be GRANTED and that Travis C. Sayre be readmitted to practice law before the United States District Court for the Northern District of West Virginia.
Any party shall have fourteen (14) days from the date of service of this Report and Recommendation to file with the Clerk of the Court specific written objections, identifying the portions of the Report and Recommendation to which objection is made, and the basis of such objection. A copy of such objections should also be submitted to the United States District Judge. Objections shall not exceed ten (10) typewritten pages or twenty (20) handwritten pages, including exhibits, unless accompanied by a motion for leave to exceed the page limitations, consistent with LR PL P 12.
Failure to timely file written objections to the Report and Recommendation as set forth above shall constitute a waiver of de novo review by the District Court and a waiver of appellate review by the Circuit Court of Appeals. Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
The Clerk of Court is DIRECTED to transmit copies of this Report and Recommendation to Petitioner as provided in the Administrative Procedures for Electronic Case Filing in the United States District Court for the Northern District of West Virginia.