Bennett v. Winn et al

Filing 120

ORDER (1) Terminating Appearance of Attorney Daniel Manville on Behalf of Plaintiff; (2) Conditionally Appointing Plaintiff New Counsel; and (3) Staying Action for Period of 120 Days. Signed by District Judge Matthew F. Leitman. (HRya)

Case 4:17-cv-12249-MFL-APP ECF No. 120, PageID.2314 Filed 08/01/23 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN ERIC BENNETT,
Plaintiff,
Case No. 17-cv-12249
Hon. Matthew F. Leitman

v.
OBELL T WINN, et al.,

Defendants.
__________________________________________________________________/
ORDER (1) TERMIANTING APPERANCE OF ATTORNEY DANIEL
MANVILLE ON BEHALF OF PLAINTIFF; (2) CONDITIONALLY
APPOINTING PLAINTIFF NEW COUNSEL; AND (3) STAYING ACTION
FOR PERIOD OF 120 DAYS
On December 1, 2020, the Court appointed pro bono counsel Daniel E.
Manville to represent Plaintiff John Eric Bennett in this case. (See Order ECF No.
75.) Manville has now informed the Court that he has retired and is no longer
engaged in the practice of law. Accordingly, the Court will TERMINATE the
appearance of Manville as pro bono counsel for Bennett. However, for all of the
reasons previously explained by the Court (see Order, ECF No. 74), the Court
continues to believe that Bennett would benefit from the assistance of pro bono
counsel for the purposes of assisting him at trial.

1

Case 4:17-cv-12249-MFL-APP ECF No. 120, PageID.2315 Filed 08/01/23 Page 2 of 2

Accordingly, this case is REFERRED to the Pro Bono Committee. Bennett
is conditionally granted appointment of counsel provided that the committee is
successful in enlisting pro bono counsel. The Court will also STAY this action for
a period of 120 days while the committee attempts to obtain substitute pro bono
counsel for Bennett. If pro bono counsel is not obtained within 120 days, the stay
will be lifted, counsel will not be appointed, and Bennett will need to proceed pro se
at trial if he cannot retain counsel at his own expense.
Upon the completion of the Pro Bono Committee’s efforts to find trial counsel
for Bennett, the Court will promptly set a status conference with all parties to set a
mutually convenient trial date.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 1, 2023
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on August 1, 2023, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

2