Howard v. Warden Ross Correctional Institution

Filing 23

ORDER re 22 Notice (Other) filed by Timothy Howard; Counsel DIRECTED to file a notice of subsitution of counsel that complies with S.D. Ohio Civ. R. 83.4(c)(1). Signed by Magistrate Judge Mark R. Abel on 2/16/12. (sh1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

:

Timothy Howard,

v.
Warden, Ross Correctional Institution,
Respondent

:

Civil Action 2:11-cv-00057

:

Petitioner

Judge Watson

:

Magistrate Judge Abel

:

ORDER
The February 15, 2012 notice of substitution of counsel does not comply with
Rule 83.4(c)(1) of the Southern District of Ohio Civil Rules, which states in pertinent
part:
Substitution of a new trial attorney. The current trial attorney may
withdraw either from the case or from the designation as trial attorney by
filing a notice that is signed by (1) the current, withdrawing trial attorney;
(2) the client; and (3) a new, substituting trial attorney. If the substituting
trial attorney is a member of the same partnership, legal professional
association, or governmental attorney group as the trial attorney to be
substituted for and the notice affirmatively states that the substitution is
made with the client's knowledge and consent, the client's signature is not
required. Alternatively, if the withdrawing trial attorney is a
governmental attorney who has undergone a change in employment
status which renders him or her ineligible to continue to represent the
governmental parties in the case, a new trial attorney may be substituted
through the filing of a notice that so states, which is signed by new trial
counsel, and which affirmatively indicates that the substitution is made
with the client’s knowledge and consent.
S.D. Ohio Civ. R. 83.4(c)(1).
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Counsel are DIRECTED to file a notice of substitution of counsel that complies
with this rule.

s/ Mark R. Abel
United States Magistrate Judge

2