Fuller v. Cunningham et al

Filing 38

ORDER GRANTING 33 MOTION to Withdraw as attorneys for plf; DISMISSING CASE for lack of prosecution, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 3/28/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MICHAEL FULLER,
Plaintiff,
v.
DERRICK CUNNINGHAM,
Defendants.

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CIVIL ACTION NO. 2:16cv121-WHA
(wo)

ORDER
On February 16, 2017, attorneys for the Plaintiff, Michael A. Fuller, filed a motion
seeking withdrawal as counsel of record. (Doc. #33). The stated reason for the motion was that
there had been a breakdown of communications between counsel and the Plaintiff. As directed
by the court, counsel served Michael Fuller with a copy of that motion by United States mail.
(Doc. #35).
On March 2, 2017, this court entered an Order giving Michael A. Fuller three options for
proceeding in this case: filing an objection to his attorneys’ motion to withdraw, obtaining a new
lawyer and having that lawyer file a Notice of Appearance, or filing a written statement that he
wished to proceed pro se in this case. (Doc. #36). The Order further stated that if none of those
three options was accomplished by March 17, 2017, the case would be dismissed for lack of
prosecution. The Order was served and a Return Receipt Card signed on March 7, 2017. (Doc.
#37). Michael A. Fuller did not pursue any of the three options by the deadline given.
Accordingly, it is hereby ORDERED that the Motion to Withdraw (Doc. #33) is
GRANTED and the case is DISMISSED for lack of prosecution.

Done this 28th day of March, 2017.
/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE

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