Houck v. USA et al

Filing 82

MEMORANDUM AND ORDER, granting 79 MOTION to Withdraw as Attorney (Application for Relief of Assignment) filed by Kenneth Houck. The Court further DIRECTS the Clerk of Court to terminate Cochran and Purkey as counsel for Houck in this case and to send Houck a copy of the Report and Recommendation (Doc. 69) and a copy of this order at the address listed in the motion to withdraw. Signed by Judge J. Phil Gilbert on 1/27/2020. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
KENNETH HOUCK,
Plaintiff,
v.

Case No. 16-cv-1396-JPG

UNITED STATES OF AMERICA, MAUREEN
BAIRD, SLOOP, FEDERAL BUREAU OF
PRISONS, A. MARQUEZ, J.M. POWERS, C/O
JOHN DOE 1, C/O JOHN DOE 2, C/O LANG, C/O
WOOLRIDGE, DR. COOK, J. WEBER, LT.
BROOKS, LT. JOHN DOE 1, LT. JOHN DOE 2, LT.
MASH, LT. McMILLON, LT. DELOIA, MR.
MEADE, MS. CASTELLANO, MS. G. CREWS and
SIS LT. JOHN DOE,
Defendants.
ORDER
This matter comes before the Court on the motion of plaintiff Kenneth Houck’s assigned
counsel Gregory L. Cochran and Kelly E. Purkey to withdraw as counsel for Houck (Doc. 79).
Counsel seeks relief from appointment because an irreconcilable conflict has developed with
their client in the wake of a Report and Recommendation issued by Magistrate Judge Gilbert C.
Sison (Doc. 69). In an order dated December 23, 2019, the Court allowed Houck an opportunity
to respond to counsel’s motion to withdraw (Doc. 80), but he has failed to respond. In light of
the lack of objection from Houck to counsel’s withdrawal, the Court GRANTS the motion to
withdraw (Doc. 79). The Court further DIRECTS the Clerk of Court to terminate Cochran and
Purkey as counsel for Houck in this case and to send Houck a copy of the Report and
Recommendation (Doc. 69) and a copy of this order at the address listed in the motion to
withdraw.

The Court further ORDERS that Houck shall have fourteen days from service of this
order to file a pro se objection to any or all of the proposed dispositive findings in the Report and
Recommendation. The failure to file a timely objection may result in the waiver of the right to
challenge the Report and Recommendation before either the District Court or the Seventh Circuit
Court of Appeals. See, e.g., Snyder v. Nolen, 380 F.3d 279, 284 (7th Cir. 2004). Houck must
mail any objections to the Clerk of Court, U.S. District Court, 301 West Main Street, Benton, IL
62812.
IT IS SO ORDERED.
DATED: January 27, 2020
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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