Carper v. State of Nebraska et al

Filing 30

MEMORANDUM AND ORDER granting 29 Motion to Withdraw as Attorney. Mr. Glaser shall promptly mail a copy of this order to the plaintiff, and file a certificate of service stating he has done so. The plaintiff is given 20 days from the date of this o rder in which to either: (1) obtain the services of substitute counsel and have that attorney file an appearance on her behalf; or (2) file a statement informing the court of her intent to proceed in this case without counsel. If neither of these actions is taken within the next 20 days, this case will be subject to dismissal. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to Julie L. Carper)(JAE)

IN THE UNITED STATES DISTRICT COURT FO R THE DISTRICT OF NEBRASKA JU L IE L. CARPER, P l a i n t if f , v. STA TE OF NEBRASKA, et. al., D e fe n d a n t. ) ) ) ) ) ) ) ) )

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M E M O R A N D U M AND ORDER

Citin g irreconcilable differences, plaintiff's counsel of record, Bernard J. Glaser, Jr. has moved to withdraw as counsel for the plaintiff. Filing No. 29. Defense counsel has filed no re sponse to the motion to withdraw, and the deadline for responding has passed.

Before Mr. Glaser entered his appearance on March 18, 2010, the plaintiff was litigating this action pro se. Other than his notice of appearance and motion to withdraw, Mr. Glaser has filed only a motion to dismiss on behalf of the plaintiff. The plaintiff filed a pro se

"Stipulation" on March 24, 2010 which appears to oppose the motion to dismiss filed on her behalf by Mr. Glaser. Under the circumstances presented, the court finds Mr. Glaser's motion to withdraw should be granted. IT IS ORDERED: 1. T h e motion to withdraw filed by Bernard J. Glaser, Jr., (filing no. 29), is granted. M r. Glaser shall promptly mail a copy of this order to the plaintiff, and file a certificate of service stating he has done so. T h e plaintiff is given 20 days from the date of this order in which to either: (1) o b tain the services of substitute counsel and have that attorney file an ap p earan ce on her behalf; or (2) file a statement informing the court of her intent to proceed in this case without counsel. If neither of these actions is taken w ithin the next 20 days, this case will be subject to dismissal. M ay 6, 2010. BY THE COURT: s/ Cheryl R. Zwart U n ite d States Magistrate Judge

2.