Powers v. Thurmer

Filing 116

ORDER signed by Magistrate Judge William E Duffin on 5/5/2023. The court's stay is vacated. Attorney Brian P. Mullins is discharged as counsel for Powers, and successor counsel shall be promptly appointed pursuant to 18 U.S.C. § 3006A(a)(2 )(B). The Clerk shall schedule a telephonic status conference with all counsel in approximately 60 days. Counsel should be prepared to discuss setting a schedule for concluding this case. (cc: all counsel, copy to Mr. Powers at KMCI via USPS)(mlm) Modified on 5/5/2023 (mlm).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JACOB POWERS,
Petitioner,
v.

Case No. 10-CV-1127

BRIAN FOSTER,
Respondent.
ORDER
On June 1, 2016, the court stayed this action to permit Jacob Powers to exhaust
his remedies in state court. (ECF No. 108.) On May 4, 2023, Powers advised the court
that he has exhausted his remedies in state court and this matter is now ready to
proceed. (ECF No. 115.) However, Powers’s appointed counsel states that he is no longer
able to represent Powers due to counsel’s new employment. (ECF No. 115.)
Therefore, the court’s stay is vacated. Attorney Brian P. Mullins is discharged as
counsel for Powers, and successor counsel shall be promptly appointed pursuant to 18
U.S.C. § 3006A(a)(2)(B). The Clerk shall schedule a telephonic status conference with all
counsel in approximately 60 days. Counsel should be prepared to discuss setting a

schedule for concluding this case.
SO ORDERED.
Dated at Milwaukee, Wisconsin this 5th day of May, 2023.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

2