Singleton v. Hedgepath et al

Filing 215

ORDER Denying Substitution of Attorneys; ORDER Striking Notice Regarding Settlement signed by Magistrate Judge Gary S. Austin on 08/08/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KELVIN X. SINGLETON,

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Plaintiff,

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vs.
S. LOPEZ, et al.,

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Defendants.

1:08-cv-00095-AWI-GSA-PC
ORDER DENYING SUBSTITUTION
OF ATTORNEYS
(Doc. 213.)
ORDER STRIKING NOTICE
REGARDING SETTLEMENT
(Doc. 214.)

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I.

BACKGROUND

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This is a civil action filed by Kelvin X. Singleton (APlaintiff@), a state prisoner

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proceeding pro se. Plaintiff filed the Complaint commencing this action on January 18, 2008.

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(Doc. 1.) This case now proceeds with the Second Amended Complaint filed on February 12,

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2009, against defendants Chief Medical Officer (CMO) A. Youssef; S. Lopez, M.D.; J.

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Akanno, M.D.; S. Qamar, M.D.; Dr. Vasquez, M.D.; Registered Nurse II (RN) Ali; and RN

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Wright-Pearson, on Plaintiff’s claims for deliberate indifference to his serious medical needs in

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violation of the Eighth Amendment, for delay in providing effective treatment for Plaintiff’s

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back pain, and failure to respond to Plaintiff’s eye pain and swelling. (Doc. 26.)

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On August 7, 2014, Attorney Ashley N. Johndro of Latham & Watkins LLP filed a

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notice of appearance as counsel for Plaintiff. (Doc. 213.) Attorney Johndro also filed a notice

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regarding settlement on behalf of Plaintiff. (Doc. 214.)
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II.

SUBSTITUTION OF ATTORNEYS

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Plaintiff has not indicated whether he intends to substitute Attorney Ashley N. Johndro

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to represent him in this action. However, should this be the case, Plaintiff may not substitute an

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attorney in this manner. Plaintiff is presently proceeding in propria persona.1 For Plaintiff to

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substitute an attorney in place of himself as attorney of record, Plaintiff must submit a

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substitution of attorneys document to the Court, setting forth the full name and address of the

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new attorney, and signed by Plaintiff (as the withdrawing attorney and client) and the new

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attorney. Local Rule 182(g). AAll substitutions of attorneys shall require the approval of the

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Court, and the words >IT IS SO ORDERED= with spaces designated for the date and signature

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of the Judge affixed at the end of each substitution of attorneys.@ Id.

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In the event that Plaintiff intends to retain his in propria persona status and continue

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representing himself, his address of record shall reflect his address of residence. There is no

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Federal Rule of Civil Procedure or Local Rule allowing service of Court and other legal

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documentation at an address other than a pro se litigant=s actual address. Local Rule 131, Local

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Rule 182(f), and Local Rule 183(b) require pro se litigants to inform the Court of their

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addresses and to keep the Court informed of any change in their addresses.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff=s attorney of record, is DENIED;
2.

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The substitution of Attorney Ashley N. Johndro in place of Plaintiff, as

The notice regarding settlement, filed on August 7, 2014, is STRICKEN from
the record as improperly filed;2

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The Clerk of Court is DIRECTED to:
(1)

Reflect Plaintiff’s status as a pro per litigant on the court’s docket;

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A litigant proceeding in propria persona, or pro se, is one who represents himself in a court proceeding
without the assistance of a lawyer. Black=s Law Dictionary, 1256, 1258 (8th ed. 2004).
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When a document is stricken, it becomes a nullity and is not considered by the court for any purpose.
(Informational Order, Doc. 5 at 1 fn.1.)
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(2)

Change Plaintiff’s address of record to:

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Kelvin Singleton
H-86959
Calipatria State Prison
P.O. Box 5001
Calipatria, California 92233-5001

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and

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(3)

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Serve a copy of this order on:
Ashley N. Johndro, Esq.
Latham & Watkins LLP
12670 High Bluff Drive
San Diego, CA 92130

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IT IS SO ORDERED.
Dated:

August 8, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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