Brandon Donte Meeks v. Fernando Gonzales

Filing 50

ORDER IMPOSING SANCTIONS by Magistrate Judge Michael R. Wilner. IT IS ORDERED that Attorney Harrison will pay a sanction of $500 to the Clerk of the Court by or before September 30, 2013. (See Minute Order for further details) (vm)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-9249 ODW (MRW)

Title

Meeks v. Gonzalez

Present: The
Honorable

Date

September 3, 2013

Michael R. Wilner
Veronica McKamie

n/a

Deputy Clerk

Court Reporter / Recorder

Attorneys Present for Petitioner:

Attorneys Present for Respondent:

n/a

n/a

Proceedings:

(IN CHAMBERS) ORDER IMPOSING SANCTIONS

Attorney Harrison filed a status report in response to the Court’s latest order to show
cause. (Docket # 49.) In the report, Attorney Harrison generally explains that a new attorney
will be applying “forthwith” to replace Mr. Harrison as Petitioner’s attorney in this federal
action. Mr. Harrison also explains that he “recently” received information suggesting that
Petitioner is actually innocent of the criminal charge against him, and that the lawyer was
attempting to obtain a declaration from a co-defendant to verify this information. (Docket # 49
at 1-2.) The “actual innocence” explanation is taken virtually word-for-word from a status
report that Mr. Harrison filed in January 2013. (Docket # 46.)
In the OSC, the Court directed Petitioner’s attorney to provide information regarding the
status of the case, state why the Court should not impose a monetary sanction on him, and certify
that Mr. Harrison “personally consulted with Mr. Meeks to inform his client” regarding
counsel’s indifferent representation on him in the federal action. (Docket # 48 (OSC).)
Mr. Harrison failed to address these issues in his submission. He also failed to file his statement
in the form of a sworn declaration as set forth in the Court’s order.
Mr. Harrison’s response to the Court’s Order – the third OSC issued in this long-dormant
action (Docket # 35, 43, 48) – is clearly deficient. Moreover, as explained in the Court’s earlier
orders, his failure to pursue the action or abide by this Court’s nominal status report
requirements – during the pendency of the stay that Petitioner requested – has caused the Court
to devote inordinate resources to monitoring the action.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 1 of 2

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-9249 ODW (MRW)

Title

Date

September 3, 2013

Meeks v. Gonzalez

Therefore, IT IS ORDERED that Attorney Harrison will pay a sanction of $500 to the
Clerk of the Court by or before September 30, 2013. Furthermore, the Court will not take up
consideration of any substitution motion until the sanction is fully paid. Unless and until the
sanction is paid, Attorney Harrison will remain Petitioner’s attorney of record and subject to this
Court’s plenary disciplinary function.

CV-90 (10/08)

CIVIL MINUTES - GENERAL

Page 2 of 2