Evans v. Claiborne County Jail et al (TVV)

Filing 34

MEMORANDUM AND ORDER; Having reviewed these filings and the record as a whole, the Court finds that the Motion to Withdraw as Attorney 28 is well-taken, and it will be GRANTED. Attorney Robert Vogel is RELIEVED of his duties as counsel in this case, except that Mr. Vogel shall turn over his file to Mr. Evans upon request. Mr. Evans is hereby ADMONISHED that he is DEEMED to be proceeding pro se.Signed by Magistrate Judge H Bruce Guyton on 8/27/15. (c/m to Mr. Evans at 160 Evans Acre, Cumberland Gap, Tennessee, 37724 along with 26 and 30 , certified) (ADA, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
KIPLEN D. EVANS, JR.,
Plaintiff,
v.
SHERIFF DAVID RAY, et al.,
Defendants.

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No. 3:13-CV-432-TAV-HBG

MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02.
Now before the Court is a Motion to Withdraw as Attorney [Doc. 28], filed by Attorney
Robert Vogel, who currently serves as counsel for the Plaintiff Kiplen D. Evans, Jr.. The
Defendants have stated that they do not oppose Mr. Vogel’s request to withdraw. [Doc. 29].
The parties appeared before the undersigned via telephone on August 11, 2015, to address this
motion. Mr. Vogel confirmed that he had not filed any evidence of his attempts to contact the
Plaintiff regarding his withdrawal, but Mr. Vogel agreed to file supplemental evidence of his
attempts in the record on or before August 25, 2015. Mr. Vogel has filed the Affidavit of
Attorney Robert L. Vogel, the Affidavit of Legal Assistant Karen Vogel, and a copy of a
returned envelope that was mailed to Plaintiff Kiplen D. Evans, Jr., [Docs. 33-1, 33-2, 33-3].
Having reviewed these filings and the record as a whole, the Court finds that the Motion
to Withdraw as Attorney [Doc. 28] is well-taken, and it will be GRANTED.

Local Rule 83.4 governs withdrawal of attorneys from cases pending in the Eastern
District of Tennessee. It requires that counsel: request permission to withdraw; include the
current mailing address and telephone number of the client; provide a copy of the motion to the
client fourteen days prior to filing; and certify that the requirements of the rule have been met.
See E.D. Tenn. L.R. 83.4(f).
In this case, Mr. Vogel attempted to mail a copy of the Motion to Withdraw to Mr.
Evans. Ms. Karen Vogel, Mr. Vogel’s legal assistant, has attested that she prepared the motion
and has implied that she mailed the motion to Mr. Evans’s address at the Claiborne County jail.
[Doc. 33-2 at ¶¶ 2-5]. Mr. Vogel and Ms. Vogel both attest that the information they have
gathered indicates that Mr. Evans was released from the custody of Claiborne County in 2014.
[Doc. 33-1 at ¶ 1; Doc. 33-2 at ¶ 6].
Mr. Vogel also represented to the Court at the hearing that Mr. Evans was not able to
provide Mr. Vogel information about where he would be residing or would receive mail after he
was released from detention. Mr. Vogel represented that, as a result, he requested that Mr. Evans
contact him after Mr. Evans was released. Mr. Vogel attests that Mr. Evans has not contacted
Mr. Vogel or provided a mailing address to Mr. Vogel since his release. [Doc. 33-1 at ¶ 3].
Despite reasonable efforts, Mr. Vogel has not been able to determine Mr. Evans’s current
mailing address.
Based upon the foregoing, the Court finds that Local Rule 83.4’s requirement that
counsel include the current mailing address and telephone number of the client and the
requirement that counsel provide a copy of the motion to the client fourteen days prior to filing
be deemed waived. Moreover, the Court finds that Mr. Evans has actual knowledge that this
case is pending in this Court, see Letter from Mr. Evans, Aug. 13, 2013, requesting update on

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status of case, [Doc. 4], and the Court finds that Mr. Evans has not attempted to contact the Court
or Mr. Vogel regarding the status of this case.
Accordingly, the Court finds that the Motion to Withdraw as Attorney [Doc. 28] is welltaken, and it is GRANTED. Attorney Robert Vogel is RELIEVED of his duties as counsel in
this case, except that Mr. Vogel shall turn over his file to Mr. Evans upon request.
Mr. Evans is hereby ADMONISHED that he is DEEMED to be proceeding pro se. Until
he obtains substitute counsel, it is his obligation to prosecute this case and comply with the
deadlines set by the Court. Likewise, if he elects to proceed in this case without an attorney, he
is responsible for complying with all deadlines set by the Court and responding to any requests
for relief by other parties, see E.D. Tenn. L.R. 7.1. Mr. Evans like any other party, will be
expected to comply with the Federal Rules of Civil Procedure, the Local Rules, and the Court’s
Orders.
The Clerk of Court is DIRECTED to enter 160 Evans Acre, Cumberland Gap,
Tennessee, 37724 in the docket as Mr. Evans’s mailing address. Mr. Evans identified this
address as his permanent home address and the address of his nearest relative when he filed his
Complaint in July 2013. [Doc. 2 at 3]. At this juncture, the Evans Acre address appears to be
the best and only address the Court has for Mr. Evans.
Further, the Clerk of Court is DIRECTED to mail a copy, via certified mail with return
receipt, of this Memorandum and Order, along with the Scheduling Order [Doc. 26] and the
Chief District Judge’s most recent Order [Doc. 30] to Mr. Evans at the above address.
IT IS SO ORDERED.
ENTER:

United States Magistrate Judge
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