Payne v. Douglas County, Nebraska

District of Nebraska, ned-8:2005-cv-00131

ORDER - The amended motion filed by Andrew M. Ferguson to withdraw as counselfor Michel Payne {{40}} is held in abeyance. The motion to withdraw {{39}} is denied as moot. The plaintiff Michel A. Payne shall have to on or before 2/28/07, to respond to t he motion to withdraw by filing a brief with the Clerk of Court. If no response is received or if substitute counsel has entered an appearance by that date, the motion to withdraw will be granted. If the motion to withdraw is granted and substitute counsel has not entered an appearance, the plaintiff Michel A. Payne will be considered proceeding pro se and counsel for the defendant may communicate with the claimant directly regarding thiscase. Under the circumstances, the plaintiff shall have an extension of time torespond to the defendant's Motion for Summary Judgment until 3/30/07. Ordered by Magistrate Judge Thomas D. Thalken. - (Clerk has sent copies of this order to the address noted)

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8:05-cv-00131-JFB-PRSE Doc # 41 Filed: 01/31/07 Page 1 of 2 - Page ID # 130 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA MICHEL PAYNE,)) Plaintiff,) 8:05CV131) vs.) ORDER) DOUGLAS COUNTY, NEBRASKA,)) Defendant.) This matter is before the court on the motion and amended motion of Andrew M. Ferguson to withdraw as counsel for the plaintiff (Filing Nos. 39 and 40). Mr. Ferguson states he and his client have reached an impasse about how to proceed with this matter making it impossible for current counsel to represent the plaintiff. However, no new counsel has made an appearance on behalf of the plaintiff. The certificate of service for the motion reflects it was served on Mr. Payne. Therefore, the plaintiff shall have an opportunity to respond to the motion and/or obtain substitute counsel. Upon consideration, IT IS ORDERED: 1. The amended motion filed by Andrew M. Ferguson to withdraw as counsel for Michel Payne (Filing No. 40) is held in abeyance. The motion to withdraw (Filing No. 39) is denied as moot. 2. The plaintiff Michel A. Payne shall have to on or before February 28, 2007, to respond to the motion to withdraw by filing a brief with the Clerk of Court. If no response is received or if substitute counsel has entered an appearance by that date, the motion to withdraw will be granted. If the motion to withdraw is granted and substitute counsel has not entered an appearance, the plaintiff Michel A. Payne will be considered proceeding pro se and counsel for the defendant may communicate with the claimant directly regarding this case. 3. Under the circumstances, the plaintiff shall have an extension of time to respond to the defendant's Motion for Summary Judgment until March 30, 2007. 8:05-cv-00131-JFB-PRSE Doc # 41 Filed: 01/31/07 Page 2 of 2 - Page ID # 131 4. The Clerk of Court shall send a copy of this order to Mr. Payne at: Michel Payne 2866 Binney Street Omaha, NE 68111 DATED this 31st day of January, 2007. BY THE COURT: s/Thomas D. Thalken United States Magistrate Judge 2