Drummer v. Corizon Correctional Health Care et al

Filing 36

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the appointment of Richard Magee and the Magee Law Firm, LLC, as counsel for Plaintiff [ECF No. 34 ] is TERMINATED. IT IS FURTHER ORDERED that the Clerk is directed to appoint new counsel to repres ent Plaintiff, pursuant to the Plan for the Appointment of Pro Bono Counsel. A separate Notice of Appointment of Pro Bono Counsel must be entered by the Clerk. IT IS FINALLY ORDERED that in light of the Courts Order appointing new counsel to repre sent Plaintiff, Defendants Motion for Entry of Case Management Order or, in the Alternative, to Dismiss for Failure to Prosecute [ECF No. 35 ] is DISMISSED without prejudice. Signed by District Judge Audrey G. Fleissig on 07/12/2017. (A copy of this Memorandum and Order mailed to Plaintiff and emailed to K. Spurgeon for appointment of new counsel.) (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LAWRENCE DRUMMER, JR.,
Plaintiff,
v.
CORIZON CORRECTIONAL HEALTH
CARE, et al.,
Defendants,

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No. 4:16-CV-1170 AGF

MEMORANDUM AND ORDER
This matter is before the Court on its own motion. On February 24, 2017, the Clerk
appointed Mr. Richard Magee of the Magee Law Firm, LLC, to represent Plaintiff in this
action. To date, Magee has not entered his appearance. Moreover, he has not responded to
defense counsel’s numerous attempts to contact him by phone and email. As a result, the
Court finds that the purpose of the appointment is not being fulfilled.
Accordingly,
IT IS HEREBY ORDERED that the appointment of Richard Magee and the Magee
Law Firm, LLC, as counsel for Plaintiff [ECF No. 34] is TERMINATED.
IT IS FURTHER ORDERED that the Clerk is directed to appoint new counsel to
represent Plaintiff, pursuant to the Plan for the Appointment of Pro Bono Counsel. A separate
Notice of Appointment of Pro Bono Counsel must be entered by the Clerk.
IT IS FINALLY ORDERED that in light of the Court’s Order appointing new
counsel to represent Plaintiff, Defendants’ Motion for Entry of Case Management Order or, in

the Alternative, to Dismiss for Failure to Prosecute [ECF No. 35] is DISMISSED without
prejudice.
Dated this 12th day of July, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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