Peterson v. Morin et al

Filing 135

ORDER. The Court denies the attorneys' appeal without prejudice. This appeal is dismissed with prejudice.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
TERRY JUNIOR PETERSON,
Plaintiff,
VS.
ROBERT A. MORIN, et al,
Defendant.

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§ CIVIL ACTION NO. 2:11-CV-176
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ORDER

William Berry, Jr. and Gail Dorn, former appointed attorneys for Plaintiff, have
filed a partial appeal of Magistrate Judge B. Janice Ellington’s Order dated February 10,
2015. D.E. 125, 127. The attorneys had filed a motion to withdraw and requested leave
to file a petition for attorney fees and expert costs if the case settled. D.E. 122. The
Magistrate Judge granted the motion to withdraw, but held that the attorneys were
appointed to represent Plaintiff pro bono and that any expenses would be reimbursed
pursuant to the Pro Bono Expense Plan for the Southern District of Texas. The attorneys
complain of the Magistrate Judge’s ruling and ask this court to grant them leave to file a
petition for attorney fees and expenses.
This Court reads the attorneys’ appeal as requesting fees and expenses in the event
this case settles. Magistrate Judge Jason Libby conducted the mediation in this case. He
has advised this Court that the case did not settle. The Court will appoint Plaintiff a new
attorney and set the case for trial.

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Therefore, at this time, the Court will deny the attorneys’ appeal without
prejudice. The Court advises the attorneys that attorney fees are generally available only
if there is a judgment in favor of the plaintiff. The attorneys may submit a request for
recovery of limited expenses pursuant to the Pro Bono Plan of the Southern District of
Texas.
This appeal is dismissed without prejudice.
ORDERED this 10th day of March, 2015.

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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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