Knapp v. Cate, et al.

Filing 59

ORDER GRANTING 56 Motion to Withdraw as Counsel for Plaintiff Knapp signed by Magistrate Judge Sandra M. Snyder on 7/26/2011. Attorney Maurice M. Javier terminated. (Sant Agata, S)

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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. 56, 57)

Defendants.
/

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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 April 18, 2011, an order was issued appointing Maurice M. Javier 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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51.)

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On July 7, 2011, Plaintiff’s counsel filed a motion seeking to withdraw as counsel for

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Plaintiff due to a breakdown in the attorney-client relationship. (ECF No. 56.) Plaintiff filed a

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response on July 14, 2011, asserting that the withdrawal is appropriate based upon the circumstances

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and events present. (ECF No. 57.)

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Withdrawal of counsel is governed by the Rules of Professional Conduct of the State Bar of

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California and the Local Rules of the United States District Court, Eastern District of California.

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See Local Rule 182. The withdrawal of representation is permitted under the Rules of Professional

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Conduct if “[t]he client knowingly and freely assents to termination of the employment. . . ..” Cal.
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R.P.C. 3-700(C)(5). Local Rule 182 provides that “an attorney who has appeared may not withdraw

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leaving the client in propria persona without leave of court upon noticed motion and notice to the

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client and all other parties who have appeared.”

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The decision to grant withdrawal is within the discretion of the Court and leave “may be

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granted subject to such appropriate conditions as the Court deems fit.” Local Rule 182(d); see also

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Canandaigua Wine Co., Inc. v. Edwin Moldauer, No. 1:02-cv-06599 OWW DLB, 2009 WL 89141,

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at *1 (E.D.Cal. January 14, 2009). In deciding whether good cause exists to allow an attorney to

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withdraw, courts have considered “1) the reasons why withdrawal is sought; 2) the prejudice

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withdrawal may cause to other litigants; 3) the harm withdrawal might cause to the administration

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of justice; and 4) the degree to which withdrawal will delay the resolution of the case.” Id. at *1.

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In his declaration defense counsel states that Plaintiff has doubts about counsel’s ability to

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represent him and desires an attorney with more experience and knowledge in civil rights litigation.

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Based upon Plaintiff’s expectations counsel is unwilling to proceed as his attorney. In his response

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Plaintiff states that after meeting with defense counsel he was very concerned about having Mr.

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Javier represent him and does not oppose the motion. This action is in the screening stage and no

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other litigants have appeared. The Court finds good cause exists to grant defense counsel’s motion

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to withdraw as counsel for Plaintiff.

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Based on the foregoing and good cause appearing, IT IS HEREBY ORDERED that Maurice
M. Javier’s motion to withdraw as counsel for Plaintiff, filed on July 6, 2011, is GRANTED.

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IT IS SO ORDERED.

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Dated:
icido3

July 26, 2011

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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