Case: 09-5080 Document: 1208531 Filed: 09/28/2009 Page: 1

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

GREGORY S. HOLLISTER, :
:
Appellant, :
vs. : Court of Appeal Case No. 09-5080
: Consolidating No. 09-5161
BARRY SOETORO, et al. :
:
Appellees. :

APPELLANT GREG HOLLISTER’S MOTION FOR LEAVE TO

WITHDRAW MATERIALS FILED IN HIS APPEAL ON SEPTEMBER 23,
2009, OR, IN THE ALTERNATIVE, FOR THIS COURT TO DISREGARD
SUCH MATERIALS AND TO DECLINE TO CONSIDER THEM WITH
RESPECT TO HIS OWN APPEAL

Appellant Col. Gregory S. Hollister requests leave of this Honorable Court

to withdraw certain materials filed in his own appeal (09-5080) on September 23,

2009, specifically, Docket Entry ID 1207877 (a motion for judicial notice) and its

supporting materials denominated as Attachments 1-3, Attachment 4, and

Attachments 5-6. (See also “Docket Part(s) Added: 2753598, 2753600”.) We

apologize to this Court, to the Appellees, and to counsel for their having been filed

for Appellant Hollister instead of for Appellant Hemenway alone. They were filed

only as a result of a lack of communication with attorney Lawrence J. Joyce who,

immediately prior to the filing of these materials, had become responsible for

Appellant Hollister’s portion of this appeal; these materials in fact should have

been filed only on behalf of John Hemenway himself, the attorney who filed these
 Case: 09-5080 Document: 1208531 Filed: 09/28/2009 Page: 2

materials with this Court, for his own, consolidated appeal in this case (09-5161).

Appellant Hollister makes no request to withdraw these materials as they pertain to

John Hemenway’s appeal of the reprimand issued against him by the District Court

in this case.

For the aforementioned reasons, Appellant Hollister moves for leave to

withdraw these materials from his appeal in this case (09-5080) or, in the

alternative, for this Court to disregard such materials and to decline to consider

them with respect to his own appeal.

Respectfully submitted,

s/ Lawrence J. Joyce
Dated: September 28, 2009 _____________________
Lawrence J. Joyce
1517 N. Wilmot Road,
Suite 215
Tucson, AZ 85712
D.C. Circuit Bar No. 52501
(520) 584-0236
Attorney for Appellant,
Gregory S. Hollister
 Case: 09-5080 Document: 1208531 Filed: 09/28/2009 Page: 3

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

GREGORY S. HOLLISTER, :
:
Appellant, :
vs. : Court of Appeal Case No. 09-5080
: Consolidating No. 09-5161
BARRY SOETORO, et al. :
:
Appellees. :

CERTIFICATE OF SERVICE

I, Lawrence J. Joyce, Esquire, hereby certify that Appellant, Gregory S.

Hollister’s, Motion for Leave to Withdraw certain materials filed Setpember 23,

2009, specifically, Docket Entry ID 1207877 was served via electronic filing this

28th day of September 2009 upon the following:

Robert F. Bauer, Esquire

PERKINS COIE
607 Fourteenth Street, N.W.
Washington, D.C. 20005-2003
RBauer@perkinscoie.com
Attorney for Appellees

John D. Hemenway
Hemenway & Associates
Attorney in pro se
4816 Rodman Street NW
Washington, D.C. 20016
JohnDHemenway@comcast.net

s/ Lawrence J. Joyce
_______________________
Lawrence J. Joyce, Esquire