Smith v. Robinson et al

Filing 17

ORDER granting 16 Amended MOTION to Withdraw as Attorney with Consent and mooting 15 Consent MOTION to Withdraw as Attorney. Attorney J Christopher Mills terminated. Signed by Magistrate Judge Shiva V Hodges on 8/15/2017. (mwal)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Roger Smith,
Plaintiff,
vs.
Catherine Robinson, Individually as an
officer with the City of Columbia Police
Department; and Todd Coey,
Individually as a State Constable,
Defendants.

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C/A No.: 3:17-680-MBS-SVH

ORDER

This matter comes before the court on the motion of J. Christopher Mills, Esquire,
(“Plaintiff’s counsel”), to be relieved as counsel for Roger Smith (“Plaintiff”). [ECF No.
16].1 The motion indicates that Plaintiff and Plaintiff’s counsel have come to the mutual
decision that it is not appropriate for Plaintiff’s counsel to remain in the case. Id.
Attached to the motion is a signed consent by Plaintiff for his counsel to withdraw. The
undersigned grants the motion to withdraw.
The court directs Plaintiff to notify the court by September 14, 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 September 14, 2017, complete the
attached notice and mail it to the Clerk of Court at the address indicated. If Plaintiff fails
1

Plaintiff’s counsel previously filed a motion to withdraw that did not include the
Plaintiff’s signed consent. [ECF No. 15]. The court denies that motion as moot.

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.
IT IS SO ORDERED.

August 15, 2017
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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Name:

__________________________

Address___________________________
___________________________
Clerk of Court
United States District Court
901 Richland Street
Columbia, South Carolina 29201
In Re: 3:17-cv-680-MBS-SVH Smith v. Robison, et al.
Dear Ms. Blume:
In response to the order of Judge Hodges dated August 15, 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

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