Suknaich v. Yates et al

Filing 36

ORDER GRANTING 34 Motion for Termination of Counsel, signed by Magistrate Judge Michael J. Seng on 9/24/12. (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES SUKNAICH,
Plaintiff,

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JAMES YATES et al.,

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ORDER GRANTING MOTION FOR
TERMINATION OF COUNSEL

v.

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1:09-cv-0473-MJS (PC)

Defendants.
_____________________________/

(ECF No. 34)

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Plaintiff James Suknaich (“Plaintiff”) is a state prisoner proceeding in forma pauperis
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in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the
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Magistrate Judge handling all matters in this action. ( ECF No. 7.)
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Plaintiff initiated this action on March 13, 2009. (Compl., ECF No. 1.) The Court
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screened Plaintiff’s Complaint, found that it did not state a claim, and gave Plaintiff leave
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to amend. (ECF No. 10.) On August 31, 2009, Plaintiff filed an Amended Complaint.
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(ECF No. 13.) Again, the Court screened Plaintiff’s Amended Complaint, found that it did
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not state a claim, and gave Plaintiff leave to amend. (ECF No. 18.) Plaintiff then filed a
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Second Amended Complaint (ECF No. 21), with similar results (ECF No. 22). Plaintiff filed
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a Third Amended Complaint, which the Court has not yet screened. (ECF No. 25.)
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Plaintiff’s Third Amended Complaint, like his previous pleadings, is deficient

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because Plaintiff fails to name any individual defendants. (ECF No. 25.) Since Plaintiff

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cannot not continue this action without a named defendant, the Court appointed counsel

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for the limited purpose of discovering the names of potential defendants. (ECF No. 28.)

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Plaintiff’s counsel has filed a motion indicating that she has been unable to identify

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the names of potential defendants and that she wishes to terminate her representation.

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(ECF No. 34.) In connection with her motion, Plaintiff’s counsel has filed a declaration

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reflecting that she made an effort to fulfill her responsibilities. (ECF No. 34-1.) Plaintiff has

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not filed any objections to the motion.
Accordingly, since Plaintiff’s counsel has fulfilled her responsibilities, she is now

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relieved from all duties as counsel in this matter.

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IT IS SO ORDERED.

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Dated:
ci4d6

September 24, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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