Knapp v. Cate, et al.

Filing 52

ORDER Granting 47 Motion to Withdraw as Counsel for Plaintiff Knapp, signed by Magistrate Judge Sandra M. Snyder on 5/5/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ERIC CHARLES RODNEY KNAPP,

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Plaintiff,

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CASE NO. 1:08-cv-01779-SMS PC
ORDER GRANTING MOTION TO
WITHDRAW AS COUNSEL FOR PLAINTIFF
KNAPP

v.
MATTHEW CATE, et al.,

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(ECF No. 47)

Defendants.
/

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I.

Procedural History

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Plaintiff Eric Charles Rodney Knapp (“Plaintiff”) is a state prisoner proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was filed on

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November 20, 2008. On February 14, 2011, and order was issued appointing Amy K. Guerra as

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counsel for the limited purpose of providing Plaintiff with assistance to present his argument for a

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temporary restraining order and, if appropriate, drafting and filing an amended complaint. (ECF No.

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46.).

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On March 10, 2011, counsel contacted the pro bono program director for the Eastern District

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of California and informed the program director that circumstances had changed and she would be

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unable to represent Plaintiff in this action. On March 16, 2011, Plaintiff’s counsel filed a motion

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seeking to withdraw as counsel for Plaintiff. (ECF No. 47.) More than twenty-one days have passed

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and Plaintiff has not filed a response to the motion. Local Rule 230(l).

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II.

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Motion to Withdraw as Counsel for Plaintiff
Plaintiff’s counsel seeks to withdraw as counsel of record for Plaintiff due to changed
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circumstances that have impaired her ability to effectively represent Plaintiff in this action. Ms.

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Guerra is an attorney working for Alternative Defense Counsel, conflict counsel, for the County of

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Fresno. Shortly after being appointed as counsel in this action her caseload was greatly increased

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due to an unexpected staffing change in the office. This included a greatly increased trial caseload

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causing her to be

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An attorney who has appeared on behalf of a party in an action may not withdraw leaving the

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client in propria persona without leave of court. Local Rule 182. Counsel has not made an

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appearance in this action and notified the Court of the need to withdraw shortly after receiving

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appointment. Plaintiff has not opposed Counsel's motion to withdraw. Therefore, good cause

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appearing, Counsel's motion to withdraw shall be granted.

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III.

CONCLUSION

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Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that:

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Amy Guerra’s motion to withdraw as counsel for Plaintiff, filed on March 16, 2011,

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is GRANTED.

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IT IS SO ORDERED.

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Dated:
cm411

May 5, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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