Dumas v. Hurley Medical Center et al

Filing 164

ORDER STRIKING 159 Petition filed by Lowana Shanell Dumas for Removal of Counsel [E-Filer]. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LOWANA SHANELL DUMAS,
Plaintiff,
v.

Case No. 10-12661

HURLEY MEDICAL CENTER, et al.,
Defendants.
/
ORDER STRIKING PLAINTIFF’S MOTION FOR REMOVAL OF COUNSEL
Plaintiff Lowana Dumas moves for the court to remove her pro bono counsel,
Racine Miller. Plaintiff asserts that there has been a breakdown in the attorney-client
relationship in that counsel has breached Plaintiff’s trust and the two are no longer
communicating effectively. Plaintiff has asked counsel to withdraw from the case, but
Plaintiff claims that counsel does not want to withdraw because counsel will not receive
payment for her services if she does so. Plaintiff states that her motion, if granted, will
both sever the attorney-client relationship and ensure that counsel receives payment.
A plaintiff may not file a motion to remove her attorney from a case. If an
attorney wishes to withdraw from representation, the attorney must file an appropriate
motion. See MRPC 1.16(b)(6). The attorney-client relationship between Plaintiff and
counsel may have deteriorated to the point that it should be terminated. However, the
court will not consider the merits of the issue until counsel moves to withdraw.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for “removal of pro bono counsel” [Dkt.

# 159] is STRICKEN.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 17, 2012
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 17, 2012, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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