Wright v. Cox et al

Filing 35

DECISION AND ORDER DISSOLVING STAY, DENYING APPOINTMENT OF COUNSEL, AND ORDERING PRELIMINARY PRETRIAL CONFERENCE AND PAYMENT OF FILING FEE - These cases are before the Court on report from the Volunteer Lawyers Project that Plaintiff has failed twice to respond to their requests that he provide information for appointment of counsel. Accordingly, the referral to the VLP and the stay of these proceedings are vacated and Plaintiff's request for appointment of counsel is denied. Judicial Assi stant Kelly Kopf will set this matter for preliminary pretrial conference. Plaintiff has now been released from imprisonment and is accordingly ordered to pay the filing fee in installments of not less than $5.00 per month per case, commencing November 1, 2010, and continuing on the first of each month thereafter. Failure to make timely payments as thus ordered will result in dismissal of these cases, unless good cause to the contrary be shown. Signed by Magistrate Judge Michael R Merz on 10/8/2010. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
RANDY LEE WRIGHT, Plaintiff, : Case No. 3:10-cv-201 Consolidated with 3:10-cv-286 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz : CHARLES A. COX, SHERIFF, et al., Defendants.

-vs-

DECISION AND ORDER DISSOLVING STAY, DENYING APPOINTMENT OF COUNSEL, AND ORDERING PRELIMINARY PRETRIAL CONFERENCE AND PAYMENT OF FILING FEE

These cases are before the Court on report from the Volunteer Lawyers Project that Plaintiff has failed twice to respond to their requests that he provide information for appointment of counsel. Accordingly, the referral to the VLP and the stay of these proceedings are vacated and Plaintiff's request for appointment of counsel is denied. Judicial Assistant Kelly Kopf will set this matter for preliminary pretrial conference. Plaintiff is cautioned that his failure to cooperate in preparing the Fed. R. Civ. P. 26(f) report or to attend the pretrial conference will result in dismissal of these cases for want of prosecution. When these cases were filed, Plaintiff was permitted to proceed in forma pauperis, but because he was a prisoner at the time, the Court ordered collection of the full filing fee. No initial partial filing fee was ordered in either case because Plaintiff had no assets on deposit with the incarcerating facility from which to pay the fee. Plaintiff has now been released from imprisonment and is accordingly ordered to pay the filing fee in installments of not less than $5.00 per month per
1

case, commencing November 1, 2010, and continuing on the first of each month thereafter. Failure to make timely payments as thus ordered will result in dismissal of these cases, unless good cause to the contrary be shown. October 8, 2010.
s/ Michael R. Merz United States Magistrate Judge

copy: Volunteer Lawyers Project

2