United States District Court, S.D. Illinois
G. WILKERSON, United States Magistrate Judge
pending before the Court is the Motion to Withdraw as Counsel
filed by Plaintiff, Calvin Webster on October 3, 2016 (Doc.
29). Plaintiff's counsel, James Eason, has indicated that
here has been a breakdown in the attorney-client
relationship. The Motion is GRANTED. James Eason is
terminated as counsel.
to Local Rule 83.1(g), Plaintiff's new counsel shall
enter an appearance by November 10, 2016. If Plaintiff does
not acquire new counsel, he shall file with the Clerk of
Court a notice indicating his current address by November 10,
event that Plaintiff elects to proceed pro se in
this matter, he is further notified that currently pending is
a Motion for Summary Judgment filed by Defendants on August
20, 2016 (Doc. 25). The response to that motion was due by
October 3, 2016. No response has been filed. In light of the
posture of his case, that deadline is extended to November
pro se litigant, a person who is not represented by
counsel in this matter, you are entitled to notice of the
consequences of failing to respond to the Motion for Summary
Judgment. Timms v. Frank, 953 F.2d 281 (7th Cir.
1992); Lewis v. Faulkner, 689 F.2d 100 (7th Cir.
Rule of Civil Procedure 56 provides, in relevant part:
(a) Motion for Summary Judgment or Partial Summary Judgment.
A party may move for summary judgment, identifying each claim
or defense--or the part of each claim or defense--on which
summary judgment is sought. The court shall grant summary
judgment if the movant shows that there is no genuine dispute
as to any material fact and the movant is entitled to
judgment as a matter of law. The court should state on the
record the reasons for granting or denying the motion.
Supporting Factual Positions. A party asserting that
a fact cannot be or is genuinely disputed must support the
(A) citing to particular parts of materials in the record,
including depositions, documents, electronically stored
information, affidavits or declarations, stipulations
(including those made for purposes of the motion only),
admissions, interrogatory answers, or other materials; or
(B) showing that the materials cited do not establish the
absence or presence of a genuine dispute, or that an adverse
party cannot produce admissible evidence to support the fact.
Objection That a Fact Is Not Supported by Admissible
Evidence. A party may object that the material cited to
support or dispute a fact cannot be presented in a form that
would be admissible in evidence.
Materials Not Cited. The court need consider only
the cited materials, but it may consider other materials in
Affidavits or Declarations. An affidavit or
declaration used to support or oppose a motion must be made
on personal knowledge, set out facts that would be admissible
in evidence, and show that the ...