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On September 25, 1995, petitioner's counsel filed a motion
to withdraw their representation of petitioner. That motion
recites that petitioner removed himself from the United States
subsequent to filing the petition in this case following a
criminal indictment against him in the U.S. District Court for
the Eastern District of Pennsylvania, and that thereafter
petitioner had not cooperated with his counsel in preparing this
case for trial. The motion also provided a mailing address in
Egypt where petitioner's counsel believed Mr. Abdalla could be
reached. The Court, by Order dated September 29, 1995, granted
the motion of counsel to withdraw, and stated the following:
ORDERED that if petitioner fails to appear, in
person or by counsel, at the trial session and if
petitioner continues to be a fugitive from justice and
fails to prepare his case for trial, the Court will
consider dismissing this case for failure properly to
prosecute and will enter decision for respondent.
The Court served a copy of the September 29, 1995, Order and a
copy of the Court's standing pretrial order on petitioner at both
the Schnecksville, Pennsylvania, address provided by him in his
petition and the address in Egypt provided by petitioner's
counsel in their motion to withdraw representation.4
4 There is no indication in the Court's records that petitioner
did not receive the pretrial order, the Sept. 29, 1995, Order, or
the notice setting this case for trial which was previously
served on petitioner at his Schnecksville, Pennsylvania, address.
Rule 21(b)(4) requires parties to notify the Court of any change
of mailing address.
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