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UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

UNITED STATES OF AMERICA, 

 Plaintiff,

v.

LEROY GREEN,

 Defendant.

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Case No. 3:17-cr-189

Judge Thomas M. Rose

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ENTRY AND ORDER TO SHOW CAUSE

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On January 19, 2021, Defendant Leroy Green (“Green”) filed a pro se Motion for 

Compassionate Release. (Doc. 33.) On January 22, 2021, the Court appointed Mr. Richard E. 

Mayhall to represent Green in this matter. (Doc. 34) On January 25, 2021, the Court entered the 

following Notation Order:

NOTATION ORDER: Based on the January 22, 2021 appointment of counsel for 

Defendant Leroy Green following the pro se filing of the motion for compassionate 

release 33, the Court clarifies that counsel for the defendant shall file a Notice of 

Intent in accordance with Amended General Order 20-21 on or before 

January 29, 2021. The parties shall thereafter follow the procedures set forth in 

Amended General Order 20-21 with the MODIFICATION that counsel for the 

defendant shall have 7 days from the filing of any response by the Government to 

the motion for compassionate release in order to file a reply to the Government's 

response (or to file a notice indicating that no reply will be filed) before the Court 

will consider the matter ripe for adjudication. Signed by Judge Thomas M. Rose 

on 1-25-2021.

(1/25/2021 Notation Order (emphasis added).) Amended General Order 20-21 states, in relevant 

part:

The Clerk’s Office shall promptly notify the Federal Public Defender of all pro se 

motions seeking compassionate release. These pro se filings will be reviewed by 

Case: 3:17-cr-00189-TMR Doc #: 35 Filed: 02/01/21 Page: 1 of 2 PAGEID #: 138
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the Federal Public Defender and timely addressed in the manner described above. 

Each pro se filing shall be held in abeyance for a period of 7 days to allow the 

Federal Public Defender (or CJA or retained counsel, as the case may be) to review 

the pro se filing. By no later than the end of that seven-day period, counsel for 

the defendant shall file a Notice of Intent (the ‘Notice’) with the Court advising 

the Court and government counsel whether counsel for the defendant 

anticipates filing a supplement to the defendant’s pro se filing. ...

(S.D. Ohio Amended Gen. Ord. 20-21 at p. 2 (emphasis added).)

Counsel for Green did not file a Notice of Intent on or before January 29, 2021 and has yet 

to file a Notice of Intent, and the Court has not been advised of an agreement between the parties 

on a proposed disposition of the defendant’s pro se motion. Accordingly, the Court ORDERS

Green’s counsel to SHOW CAUSE, on or before February 4, 2021, why a Notice of Intent has 

not been filed and, if appropriate, to file a motion seeking additional time to file a Notice of Intent.

DONE and ORDERED in Dayton, Ohio, this Monday, February 1, 2021. 

s/Thomas M. Rose

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THOMAS M. ROSE 

UNITED STATES DISTRICT JUDGE

Case: 3:17-cr-00189-TMR Doc #: 35 Filed: 02/01/21 Page: 2 of 2 PAGEID #: 139