Smith v. Cleveland County, Division of Social Services et al

Filing 12

ORDER that the hearing set in the previous Order (#7) of this court is hereby for cause CANCELLED. Signed by Magistrate Judge Dennis Howell on 8/12/10. (siw)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA A S H E V IL L E DIVISION 1 :1 0 CV 112

S H A Y E SMITH, P l a i n t if f , V s. C L E V E L A N D COUNTY, DIVISION O F SOCIAL SERVICES; KAREN E L L IS , in her official capacity as D irecto r of Cleveland County Social S e rv ic es ; TAMARA HARDIN, in her o fficia l capacity with Cleveland C o u n ty Division of Social Services; and D A N T E MURPHY, in his official ca p a city as Social Worker with the C lev ela n d County Division of Social S e r v ic e s , D efen d a n ts. _______________________________

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ORDER

T H IS MATTER comes before the court pursuant to an Order (#7) entered by th e court directing counsel for the plaintiff, John Locke Milholland IV and Jared E. S to n e , appear before the undersigned on August 16, 2010 to show why they had failed to comply with the orders of the Clerk of Court. On August 9, 2010 Mr. Milholland f ile d a Response(#9) to the Order of the court. In the response, Mr. Milholland has s h o w n cause for not complying with the orders of the court. In his response, Mr. M ilh o lla n d has shown he has taken action to be admitted to practice in the Western D istrict of North Carolina and further action to show he is going to receive training

and register for ECF training so he can become ECF compliant. In his response, Mr. M ilh o llan d has further shown cause for the failure of Mr. Stone to respond to the o r d e r s of the Clerk of this court. Based upon such showing, the undersigned has

d eterm in ed to cancel the hearing set for this matter for August 16, 2010. The u n d e r sig n e d would suggest to counsel for plaintiff that they read the Rules of Practice an d Procedure for the United States District Court for the Western District of North C aro lin a in their entirety so they can be prepared to effectively represent their client in this court.

ORDER IT IS, THEREFORE, ORDERED that the hearing set in the previous Order ( # 7 ) of this court is hereby for cause CANCELLED.

Signed: August 12, 2010