Haywood v. Shef et al

Filing 67

ORDER GRANTING 66 MOTION to Withdraw as Attorney filed by John D Haywood and ORDER assigning Attorney Lindsey M. Hogan for John D Haywood. Attorney Appearance due by 3/5/2020. Attorney Christopher Blaesing terminated. Signed by Magistrate Judge Gilbert C. Sison on 2/20/2020. (klh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
JOHN D. HAYWOOD,
Plaintiff,
vs.
VIPIN SHAH,
TAMMY WELTY,
and SHERRY COLLINS,
Defendants.

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Case No. 3:18-cv-0527-GCS

MEMORANDUM AND ORDER
SISON, Magistrate Judge:
Pending before the Court is attorney Christopher Blaesing’s motion to withdraw
as counsel (Doc. 66). Based on the reasons contained in the motion, the Court GRANTS
the motion and ALLOWS Mr. Blaesing to withdraw from the case.
IT IS HEREBY ORDERED in accordance with 28 U.S.C. § 1915(e)(1) and Local
Rule(s) 83.1(i) and 83.9(b), attorney Lindsey M. Hogan, Faegre Drinker Biddle & Reath
LLP -Chicago, Illinois, is ASSIGNED to represent Plaintiff John D. Haywood in this civil
rights case. On or before March 5, 2020, assigned counsel shall enter his appearance in
this case. Attorney Hogan is free to share responsibilities with an associate who is also
admitted to practice in this district court. Assigned counsel, however, must enter the
case and shall make first contact with Plaintiff, explaining that an associate may also be
working on the case. Plaintiff should wait for his attorney to contact him in order to

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allow counsel an opportunity to review the court file.
The Clerk of Court is DIRECTED to transmit this Order and copies of the docket
sheet and Docs. 10, 56, & 60 to attorney Hogan. The electronic case file is available
through the CM-ECF system.
Now that counsel has been assigned, Plaintiff shall not personally file anything in
this case, except a pleading that asks that he be allowed to have counsel withdraw from
representation. If counsel is allowed to withdraw at the request of Plaintiff, there is no
guarantee the Court will appoint other counsel to represent Plaintiff.
Counsel is ADVISED to consult Local Rules 83.8-83.14 regarding pro bono case
procedures. Plaintiff and his counsel are ADVISED that, because Plaintiff is proceeding
in forma pauperis, if there is a monetary recovery in this case (either by verdict or
settlement), any unpaid out-of-pocket costs must be paid from the proceeds. See SDILLR 3.1(c)(1). If there is no recovery in the case (or the costs exceed any recovery), the
Court has the discretion to reimburse expenses.
Section 2.6 of this Court’s Plan for the Administration of the District Court Fund
provides for a degree of reimbursement of pro bono counsel’s out-of-pocket expenses, as
funds are available. The Plan can be found on the Court’s website, as well as the form
motion

for

out-of-pocket

expenses

and

an

Authorization/Certification

for

Reimbursement. Any motion for reimbursement must be made within 30 days from the
entry of judgment, or reimbursement will be waived. See SDIL-LR 83.13. The funds
available for this purpose are limited, however, and counsel should use the utmost care
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when incurring out-of-pocket costs.

In no event will funds be reimbursed if the

expenditure is found to be without a proper basis. The Court has no authority to pay
attorney’s fees in this case. No portion of a partial filing fee assessed pursuant to 28
U.S.C. § 1915 will be reimbursed. Assigned counsel may move for an exemption from
PACER fees for this case.
The district court has entered into an agreement with attorney James P. Chapman
and the Illinois Institute for Community Law to consult with lawyers on issues in these
cases, including substantive and procedural questions (both legal and practical) and
dealing with the client. Mr. Chapman can be reached by phone at [phone] or
email at [e-mail]. His services are available to you free of charge, as
long as you are representing a prisoner pro bono on a case in the district. You are also
encouraged

to

view

online

lectures

presented

by

Mr.

Chapman

at

www.illinoislegaladvocate.org (under “Legal Resources” then “Prisoners’ Rights”). In
addition, the Court’s website, www.ilsd.uscourts.gov, includes a Prison Litigation
handbook which is available to you as a resource.

It is listed under “Forms” as

“Attorney Information - Guide for Attorneys Recruited to Represent Plaintiffs in Section
1983 Cases.” The Court encourages you to consult it and Mr. Chapman as needed.

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As of this date, Plaintiff’s contact information is:
John D Haywood
B44617
LAWRENCE CORRECTIONAL CENTER
10930 Lawrence Road
Sumner, IL 62466
IT IS SO ORDERED.
Dated: February 20, 2020.

Digitally signed
by Judge Sison
Date:
2020.02.20
14:37:17 -06'00'

______________________________
GILBERT C. SISON
United States Magistrate Judge

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