Kirk v. COUNTY OF WASHTENAW et al
Filing
62
OPINION and ORDER Dismissing Case with Prejudice. Signed by District Judge Judith E. Levy. (SBur)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Janis Lee Kirk,
Plaintiff,
v.
Case No. 18-cv-10107
Judith E. Levy
United States District Judge
County of Washtenaw, Kellie
Powdhar, Nicholas Burleson,
Sabrina Pattillo, Phuong Le, and
Mark Somolenski,
Mag. Judge Mona K. Majzoub
Defendants.
________________________________/
OPINION AND ORDER DISMISSING CASE WITH PREJUDICE
Plaintiff originally filed this case on January 10, 2018. (Dkt. 1.)
After more than a year of litigation, counsel for plaintiff filed a motion to
withdraw. (Dkts. 55, 57.) Counsel stated that “[t]here ha[d] been a
complete and total breakdown of the attorney-client relationship to the
extent that it has impaired [counsel’s] ability to properly represent
Plaintiff . . . .” (Dkt. 57 at 2.) The Court held a hearing on March 26, 2019
and granted the motion to withdraw. (Dkt. 60.) The Court stayed the case
for forty-five days to permit plaintiff to retain new representation, notify
the Court that she intended to prosecute the case without a lawyer, or
dismiss the case voluntarily. (Id. at 2.)
Forty-five days came and went, but no new counsel for plaintiff
made an appearance, plaintiff did not indicate whether she intended to
proceed pro se, and she has not voluntarily dismissed her case. As a
result, on May 15, 2019, the Court ordered plaintiff to show cause in
writing by May 29, 2019, why the case should not be dismissed for failure
to prosecute. (Dkt. 61.) Plaintiff has not responded. Thus, plaintiff has
not shown cause why this case should not be dismissed. She has shown
no intention to continue to prosecute this lawsuit.
Dismissal for failure to prosecute is available to the district court
“as a tool to effect management of its docket and avoidance of
unnecessary burdens on the tax-supported courts [and] opposing
parties.” Knoll v. Am. Tel. & Tel. Co., 176 F.3d 359, 363 (6th Cir. 1999).
“A district court must be given substantial discretion in serving these
tasks.” Id. Accordingly, for the reasons set forth above, this case is
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DISMISSED with prejudice for failure to prosecute.
IT IS SO ORDERED.
Dated: June 4, 2019
Ann Arbor, Michigan
s/Judith E. Levy
JUDITH E. LEVY
United States District Judge
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on June 4, 2019.
s/Shawna Burns
SHAWNA BURNS
Case Manager
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