UNITED STATES COURT OF APPEALSFOR THE DISTRICT OF COLUMBIA CIRCUIT

GREGORY S. HOLLISTER, ::

Appellant,

vs.

: Court of Appeal Case No. 09-5080: Consolidating No. 09-5161BARRY SOETORO, et al. ::

Appellees.

APPELLANT GREG HOLLISTER’S MOTION FOR LEAVE TOWITHDRAW MATERIALS FILED IN HIS APPEAL ON SEPTEMBER 23,2009, OR, IN THE ALTERNATIVE, FOR THIS COURT TO DISREGARDSUCH MATERIALS AND TO DECLINE TO CONSIDER THEM WITHRESPECT TO HIS OWN APPEAL

Appellant Col. Gregory S. Hollister requests leave of this Honorable Courtto 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 itssupporting materials denominated as Attachments 1-3, Attachment 4, andAttachments 5-6. (See also “Docket Part(s) Added: 2753598, 2753600”.) Weapologize to this Court, to the Appellees, and to counsel for their having been filedfor Appellant Hollister instead of for Appellant Hemenway alone. They were filedonly 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: 1

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 toJohn Hemenway’s appeal of the reprimand issued against him by the District Courtin this case.For the aforementioned reasons, Appellant Hollister moves for leave towithdraw these materials from his appeal in this case (09-5080) or, in thealternative, for this Court to disregard such materials and to decline to consider them with respect to his own appeal.Respectfully submitted,Dated: September 28, 2009 _____________________ Lawrence J. Joyce1517 N. Wilmot Road,Suite 215Tucson, AZ 85712D.C. Circuit Bar No. 52501(520) 584-0236

Attorney for Appellant,Gregory S. Hollister

s/ Lawrence J. Joyce

Case: 09-5080 Document: 1208531 Filed: 09/28/2009 Page: 2