McMiller v. City of Omaha et al

Filing 25

ORDER granting 24 Motion to Withdraw as Attorney. 1. Martin A. Cannon's Motion to Withdraw (Filing No. 24 ) is granted. 2. The plaintiff shall have to on or before September 1, 2016, to retain substitute counsel. If substitute counsel has not entered an appearance by that date, the plaintiff will be considered proceeding pro se. 3. Moving counsel shall serve a copy of his motion and this order on the plaintiff and file a certificate of such service with the court, including the plaintiffs last known address. 4. All other deadlines are stayed pending resolution of this issue. Ordered by Magistrate Judge Thomas D. Thalken. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JAZMYNE MCMILLER,
Plaintiff,

8:15CV254

vs.
ORDER
FRED J. HIYKEL,
Defendant.
This matter is before the court on the Motion to Withdraw (Filing No. 15) filed by
the plaintiff’s counsel Martin A. Cannon. Mr. Cannon states he is unable to continue as
counsel for the plaintiff. Mr. Cannon also seeks time to allow the plaintiff an opportunity
to obtain substitute counsel. The motion fails to state whether Mr. Cannon has spoken
with the plaintiff and there is no indication Mr. Cannon served the plaintiff with a copy of
the motion. The court will afford the plaintiff an opportunity to respond to the motion
and/or obtain substitute counsel. Accordingly,

IT IS ORDERED:
1.

Martin A. Cannon’s Motion to Withdraw (Filing No. 24) is granted.

2.

The plaintiff shall have to on or before September 1, 2016, to retain

substitute counsel. If substitute counsel has not entered an appearance by that date,
the plaintiff will be considered proceeding pro se.
3.

Moving counsel shall serve a copy of his motion and this order on the

plaintiff and file a certificate of such service with the court, including the plaintiff’s last
known address.
4.

All other deadlines are stayed pending resolution of this issue.

Dated this 1st day of August, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge