Opinion

Perkins v. Hininger

Court
District Court, W.D. Tennessee
Filed
Aug 5, 2024
Cited by
0 cases
Authority
More cited than 31.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TENNESSEE

WESTERN DIVISION

)

MILTON KEITH PERKINS, )

)

Plaintiff, )

)

)

)

)

v. ) No. 1:23-cv-01178-SHM-tmp

)

CORECIVIC and OLLIE HERRON, )

)

Defendants. )

)

ORDER DENYING MOTION TO INSTRUCT PLAINTIFF’S COUNSEL

TO BEGIN COMMUNICATING WITH PLAINTIFF

Before the Court is Plaintiff Milton Keith Perkins’s January

16, 2024 Motion to Instruct Plaintiff’s Counsel of Record to Begin

Communicating With Plaintiff (the “Motion”). (ECF No. 101.) For

the reasons below, Plaintiff’s Motion is DENIED. A telephone

conference will be scheduled to clarify the status of Plaintiff’s

representation and his request for relief.

I. Background

Plaintiff filed his Second Amended Complaint on November 8,

2022, proceeding pro se. (ECF No. 50.) Plaintiff, then

incarcerated at the Riverbend Maximum Security Institution

(“Riverbend”) in Nashville, Tennessee, alleges that Riverbend has

denied him medical treatment for a tumor on his temple and for his

progressive loss of vision1. (Id.) On June 21, 2022, the Court

granted Plaintiff’s Motion for Appointment of Counsel. (ECF No.

14.) Jacob Webster Brown entered an appearance on Plaintiff’s

behalf on February 8, 2023. (ECF No. 76.)

Plaintiff filed the instant Motion on January 16, 2024. (ECF

No. 101.) Plaintiff asserts that his last telephone conversation

with Brown was in February 2023 and that Plaintiff has sent Brown

nine letters that have gone unanswered. (Id. at 3.) Plaintiff’s

family members have tried to reach Brown, but their telephone calls

and text messages have gone unanswered. (Id. at 3-4.)

In November 2023, Plaintiff requested a docket sheet and

learned, for the first time, that his case had been transferred to

this Court from the Middle District of Tennessee, and that parts

of his Second Amended Complaint had been dismissed. (Id. at 3.)

Plaintiff represents that he has sent multiple letters to the Clerk

of Court seeking a copy of the docket in his case, but has not

received any response. (Id. at 4.) Plaintiff has since been

released from custody, but at the time he filed this Motion, he

represented that he was still being denied proper medical treatment

for his vision loss and had recently begun experiencing new health

problems related to a lump in his throat. (Id.)

1 Plaintiff was released from custody on May 13, 2024. (ECF

No. 110.)

Plaintiff asks the Court to order Brown to communicate with

him or, if Brown no longer wants to represent Plaintiff, to appoint

new counsel. (Id. at 5.)

Sara Katherine McKinney, who works at the same law firm as

Brown, entered an appearance on Plaintiff’s behalf on May 8, 2024.

(ECF Nos. 76, 109.)

II. Standard of Review

Plaintiff has filed the instant pro se motion while

represented by counsel, and “[c]ounseled parties . . . typically

lack any basis to make a pro se filing.” Wright v. Louisville

Metro Gov., No. 3:21-CV-308-BJB, 2022 WL 586777, at *1 n.1 (W.D.

Ky. Feb. 25, 2022); ABN ABRO Mortg. Grp., Inc., v. Smith, No.

1:06-cv-36, 2006 WL 2035542, at *1 (S.D. Ohio Jul. 18, 2006)

(collecting cases). Where a counseled litigant files a pro se

motion to address counsel’s performance, however, courts routinely

schedule hearings and conferences to hear from the parties and

discuss whether plaintiff seeks to proceed pro se, seek new

counsel, or continue with his current attorney. Lotus Indus., LLC

v. City of Detroit, No. 2:17-cv-13482, 2020 WL 532396, at *3 (E.D.

Mich. Feb. 3, 2020); O’dell v. Hope Network W. Mich./Mich. Educ.

Corps., No. 20-cv-11192, 2022 WL 2194660, at *1 (E.D. Mich. June

17, 2022).

There is no right to representation in civil cases and the

standards of effectiveness in Strickland v. Washington, 466 U.S.

668 (1984) do not apply in the civil context. Keenan v. Parker,

23 Fed. App’x 386, 386-87 (6th Cir. 2001); Williams v. Kayser, 8

Fed. App’x 475 (6th Cir. 2001). The Tennessee Rules of

Professional Conduct establish relevant standards for an

attorney’s performance, and Rule 8(5) requires attorneys to

“maintain communication with [their] client[s].”

III. Analysis

Plaintiff’s Motion addresses internal disputes between

Plaintiff and his attorneys. The Court will not interfere in

Plaintiff’s private relationship with counsel.

Although Plaintiff’s Motion is not styled a motion to

terminate representation, Plaintiff has written that, if Brown is

“too busy to fulfill his obligations” to Plaintiff, Plaintiff wants

the Court to appoint new counsel. (ECF No. 101 at 5.) Since

Plaintiff filed this Motion, a second lawyer from Brown’s firm has

entered an appearance on Plaintiff’s behalf, the parties have held

a telephone scheduling conference, and the Court has entered a

scheduling order. (ECF Nos. 104, 105, 108, 109.) Counsel’s

communication with the Court over the past two months suggests

that counsel has not abandoned Plaintiff’s case. However, the

Court finds that a status conference would clarify Plaintiff’s

request for relief. See, e.g., Lotus Indus., 1010 WL 532396 at *3

(holding a hearing in response to plaintiff’s request to terminate

counsel); O’dell, 2022 WL 2194660 at *1. Plaintiff’s motion asking

the Court to instruct counsel to communicate with him is DENIED,

but a status conference will be scheduled to clarify any remaining

factual issues.

IV. Conclusion

For the foregoing reasons, Plaintiff’s Motion is DENIED. A

status conference will be scheduled by setting letter.

SO ORDERED this 5th day of August, 2024.

/s/ Samuel H. Mays, Jr.

SAMUEL H. MAYS, JR.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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