UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

RODNEY HAMPTON, No. 14-13943

Plaintiff, District Judge Nancy G. Edmunds

v. Magistrate Judge R. Steven Whalen

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

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AMENDED ORDER LIFTING STAY, DENYING MOTION FOR

SUBSTITUTION OF COUNSEL, AND PERMITTING

PLAINTIFF TO FILE AMENDED SUMMARY 

JUDGMENT MOTION

On May 20, 2015, pursuant to Administrative Order 15-AO-033, this case and

others were transferred to a three-judge panel, which stayed proceedings. On October 19,

2015, the cases were transferred back to the originally assigned judges.

As a result of the panel’s work, the law firm of Davidson, Breen Doud, Steele &

Ferguson, P.C. (“Davidson firm”) was directed to send its clients, including this Plaintiff,

a letter indicating that no lawyers at that firm would be permitted to represent them in the

pending cases. Through its managing partner, the Davidson firm agreed that its lawyers

would not handle the Social Security appeals at issue. The letter was also to provide the

clients with information as to how to contact other lawyers who handle Social Security

appeals. The Plaintiff was given until December 31, 2015 to obtain a new lawyer or

proceed without the assistance of counsel.

On April 18, 2015, before the panel’s action, attorney James W. Smith of the

Davidson firm filed a motion to substitute in as counsel, in place of attorney Richard J.

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Doud [Doc. #12]. Because he is with the Davidson firm, that motion is DENIED. In

addition, attorneys Richard J. Doud and James W. Smith are REMOVED as Plaintiff’s

counsel.

The stay entered in this case is VACATED.

Although the date of December 31, 2015 has passed, Plaintiff has not obtained a

new lawyer. Therefore, Plaintiff will proceed without a lawyer. Plaintiff has two options:

(1) Plaintiff may rely on the current briefing; or

(2) Plaintiff may submit a new motion for summary judgment, or supplement the

currently filed motion. Any new or amended motion must be filed no later than 30

days from the date of this Order. If a new or amended motion is not filed within that

time, the Court will make a decision based on the current briefs and on its independent

review of the record. The Commissioner may file a response to any new or amended

motion within 21 days after the new or amended motion is filed.

Because Plaintiff is proceeding without a lawyer, the new or supplemental brief

does not have to be in strict legal form. Plaintiff may file a letter explaining why the

Commissioner’s decision to deny benefits was wrong, and why benefits should be

granted. The Plaintiff’s motion, or letter, must contain the case number, and should be

sent to the following address:

Clerk of the Court

United States District Court

231 W. Lafayette Blvd.

Detroit, MI 48226

IT IS SO ORDERED.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Date: February 11, 2016

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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was sent to parties of record on

February 11, 2016, electronically and/or by U.S. mail.

s/C. Ciesla 

Case Manager

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