Barnett v. Norman, et al.

Filing 334

ORDER DIRECTING PLAINTIFF'S COUNSEL TO MEET AND CONFER WITH PLAINTIFF AND FILE A STATUS REPORT AND DIRECTING CLERK'S OFFICE TO PROVIDE PLAINTIFF A COPY OF THIS ORDER signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2015. (Filing Deadline: 10/13/2015).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TROAS V. BARNETT,
Plaintiff,

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v.
MARTIN GAMBOA, et al.,
Defendants.

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Case No.: 1:05-cv-01022-BAM PC
ORDER DIRECTING PLAINTIFF’S COUNSEL TO
MEET AND CONFER WITH PLAINTIFF AND
FILE A STATUS REPORT
ORDER DIRECTING CLERK’S OFFICE TO
PROVIDE PLAINTIFF A COPY OF THIS ORDER

Plaintiff Troas Barnett (“Plaintiff”) is a state prisoner proceeding in this civil rights action

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pursuant to 42 U.S.C. § 1983. On April 27, 2015, Angelina Z. Bradley was appointed as volunteer pro

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bono counsel to represent Plaintiff at trial. (ECF No. 325.) Currently this matter is set for a jury trial

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on February 23, 2016 at 8:30 a.m., in Courtroom 8 (BAM). (ECF No. 330.)

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On September 15, 2015, Plaintiff filed a motion on his own behalf, with a supporting

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declaration, requesting that the Court discharge Ms. Bradley from her duties as his counsel and

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“reinstate” his pro se status. (ECF No. 333.) Plaintiff states that although he has received a letter from

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Ms. Bradley and met with her once, she has not replied to all of his correspondence regarding his case.

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(Id. at 4-5.) He is also under the impression that one or more Defendants may be open to settlement

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negotiations, but he has neither agreed to any settlement terms nor authorized Ms. Bradley to settle his

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case. (Id. at 4, 6.) Plaintiff further states that he is familiar with reference sources on trial advocacy

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and trial techniques, and would like to act as his own advocate in this case. (Id. at 6-7.)

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The Local Rules provide guidelines on the appearance and withdrawal of counsel. Under Local
Rule 182(d), “an attorney who has appeared may not withdraw leaving the client in propria persona
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without leave of court upon noticed motion and notice to the client and all other parties who have

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appeared.” Local Rule 182(d). Ms. Bradley has not filed any motion for withdraw. Furthermore, the

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consent of the client alone does not require the court to grant counsel leave to withdraw, if leave is

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indeed sought. CE Res., Inc. v. Magellan Grp., LLC, No. 2:08-CV-02999MCEKJM, 2009 WL

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3367489, at *2 (E.D. Cal. Oct. 14, 2009). Instead, if counsel seeks leave to withdraw, the Court must

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ascertain the reasons why leave is sought and determine whether good cause exists to permit

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withdrawal under the circumstances.

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As Plaintiff acknowledges in his motion, in appointing Ms. Bradley to represent him just a few
months ago, the Court found it appropriate that he be represented by pro bono counsel, and she

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voluntarily accepted the appointment. (ECF No. 325.) The Court is hopeful that Plaintiff’s currently-

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expressed intent to proceed in propria persona is merely the result of a misunderstanding or

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miscommunication between client and counsel. At this juncture, there is no indication that Ms.

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Bradley seeks leave to withdraw from this matter or that representation cannot continue. However, in

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an abundance of caution, the Court will seek more information from Ms. Bradley on whether she

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believes she is able to continue the representation of Plaintiff for trial in this matter.

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Furthermore, the Court is not aware of any joint request by the parties for a settlement

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conference, nor does the Court find ordering any settlement conference appropriate at this time.

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However, the parties are encouraged to keep an open mind and engage in informal settlement

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negotiations with each other to the extent that doing so may resolve any part of this action without the

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need for further litigation.

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Accordingly, it is HEREBY ORDERED that:

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1.

Within twenty-one (21) days of service of this order, Angelina Z. Bradley is

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ORDERED to meet in person or by telephone with Plaintiff and discuss her continued

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representation of him in this matter;

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2.

Within twenty-one (21) days of service of this order, Angelina Z. Bradley is

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ORDERED to file a status report responding to Plaintiff’s motion for reinstatement of

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pro se status, (ECF No. 333), indicating:

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(a)

that she conferred with Plaintiff, including the date, time and manner; and
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(b)

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whether she will be able to continue to represent Plaintiff in this matter, or

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whether she intends to file a motion to withdraw. If she intends to file a motion

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to withdraw, such motion shall be filed concurrently with her status report; and

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3.

The Clerk’s Office is DIRECTED to mail Plaintiff a copy of this order at the following
address:

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Troas V. Barnett, E-29521

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Calipatria State Prison

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B1-107L

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P.O. Box 5005
Calipatria, CA 92233

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4.

Plaintiff is cautioned that he is represented by counsel and his correspondence with the

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Court must be through counsel. Separate filings are not permitted by parties who are

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represented by counsel. The Court has considered this filing because it presents a

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unique situation, but any further direct correspondence or filings by plaintiff will be

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stricken.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

September 16, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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