Eubanks v. Eubanks et al

Filing 21

ORDER directing Plaintiff to notify the court by June 16, 2017, of the identity of the new attorney(s) he has retained to represent him in this case, or alternatively, of his desire to proceed with this litigation pro se, i.e., without an attorney. Signed by Magistrate Judge Shiva V Hodges on 5/26/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Marvin Eubanks,
Plaintiff,
vs.
Holly Eubanks; South Carolina
Department of Social Services; and
Janice Chapman, individually for her
actions as Lancaster County DSS
Director,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

C/A No.: 0:17-54-TLW-SVH

ORDER

This matter comes before the court on the referral of pretrial management of this
case to the undersigned. [ECF No. 20]. On May 25, 2017, the Honorable Terry L.
Wooten, Chief United States District Judge, referred this matter to the undersigned
pursuant to Local Civ. Rule 73.02(B)(2)(e) (D.S.C.), as it appears Plaintiff is now
proceeding pro se. Id.
Because the docket is not clear that Plaintiff was mailed the court’s last order, out
of an abundance of caution, the court directs Plaintiff to notify the court by June 16,
2017, of the identity of the new attorney(s) he has retained to represent him in this case
or, alternatively, of his desire to proceed with this litigation pro se, i.e., without an
attorney. If Plaintiff does not wish to continue this lawsuit, he may request that the court
dismiss the case in its entirety. To this end, Plaintiff shall, by June 16, 2017, complete the
attached notice and mail it to the Clerk of Court at the address indicated. If Plaintiff fails

to file the attached letter with the Clerk within the time prescribed, the court will consider
him as proceeding pro se.
Plaintiff is specifically advised that, if no new attorney is obtained to represent his
interests, the court will expect this litigation to be conducted in accordance with all
provisions of the Federal Rules of Civil Procedure and that the court is unable to provide
him with legal advice.

Failure to comply with court rules could have serious

consequences including, but not limited to, striking his claims and dismissing the case.
Additionally, Plaintiff must keep the Clerk of Court advised in writing (901 Richland
Street, Columbia, South Carolina 29201) if his address changes for any reason. Failure to
keep the court apprised of his current address may result in an order that this case be
dismissed.
The undersigned will issue an amended scheduling order to ensure the Plaintiff is
advised of all deadlines in this matter.
IT IS SO ORDERED.

May 26, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

2

Name:

__________________________

Address___________________________
___________________________
Clerk of Court
United States District Court
901 Richland Street
Columbia, South Carolina 29201
In Re: 0:17-54-TLW-SVH Eubanks v. Eubanks, et. al.
Dear Ms. Blume:
In response to the order of Judge Hodges dated May 26, 2017, I wish to advise as
follows:
_____ 1.

I, ________________ (Printed Name), have obtained a new attorney
to personally represent me in this matter. His [or her] name, address,
and telephone number are as follows:
__________________________________________
__________________________________________
OR

_____ 2.

I, ________________ (Printed Name), have NOT obtained a new
attorney and will represent myself in this matter. I request that the
Clerk of Court direct all notices and pleadings to me at the above
address. I understand that I am obligated to comply with all
provisions of the Federal Rules of Civil Procedure and to keep the
Clerk of Court informed as to my proper address.

_____ 3.

I, ________________ (Printed Name), do not wish to continue this
lawsuit and request that the court dismiss the case in its entirety.

_____________________________________ ______________
Signature
Date

3