USA Ex Rel. Wilson, et al v. Graham Co Soil & Wat, et al

Filing 367

ORDER discharging 363 Order to Show Cause. It is further ordered that attorney Zeyland G. McKinney, Jr. shall pay the administrative fine for $200.00 dollars within 30 days of entry of this order. Signed by District Judge Martin Reidinger on 4/17/2015. (Pro se litigant served by US Mail.)(nv)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA BRYSON CITY DIVISION CIVIL CASE NO. 2:01-cv-00019-MR UNITED STATES OF AMERICA ex rel. KAREN T. WILSON, ) ) ) Plaintiff, ) ) vs. ) ) ) GRAHAM COUNTY SOIL & WATER ) CONSERVATION DISTRICT, et al., ) ) Defendants. ) ________________________________ ) ORDER THIS MATTER is before the Court on Zeyland G. McKinney’s Response to Show Cause Order [Doc. 366]. On April 8, 2015, the Court entered an Order directing attorney Zeyland G. McKinney, Jr. to show cause in writing why he should not be sanctioned for failing to appear at the March 27, 2015 status conference or for failing to file a motion to withdraw from further representation of the Defendant Keith Orr. [Doc. 363]. On April 10, 2015, Mr. McKinney filed the present Response, explaining that he inadvertently had failed to file a motion to withdraw as he had indicated to the Clerk’s Office that he would. In the meantime, however, Mr. McKinney has been able to locate his client, and he now reports that Mr. Orr still desires his representation in this matter. Mr. McKinney further assures the Court that he intends to represent Mr. Orr through the completion of this matter and that he will follow the Court’s Case Management Order. [Doc. 366]. In light of Mr. McKinney’s response, the Court will discharge the Show Cause Order and will not impose sanctions against him. The Court, however, will assess a $200.00 administrative fine, payable to the Clerk of Court, against Mr. McKinney for his failure to appear at the March 27, 2015 status conference. This fine is not a sanction but rather is an administrative assessment designed to ensure the timely appearance of counsel for hearings before this Court. IT IS, THEREFORE, ORDERED that the Show Cause Order [Doc. 363] is hereby DISCHARGED. IT IS FURTHER ORDERED that attorney Zeyland G. McKinney, Jr. shall pay an administrative fine of Two Hundred Dollars ($200.00) to the Clerk of Court within thirty (30) days of the entry of this Order. IT IS SO ORDERED. Signed: April 17, 2015 2

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