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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES SUKNAICH, Plaintiff, 12 13 JAMES YATES et al., 15 ORDER GRANTING MOTION FOR TERMINATION OF COUNSEL v. 14 1:09-cv-0473-MJS (PC) Defendants. _____________________________/ (ECF No. 34) 16 Plaintiff James Suknaich (“Plaintiff”) is a state prisoner proceeding in forma pauperis 17 in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has consented to the 18 Magistrate Judge handling all matters in this action. ( ECF No. 7.) 19 Plaintiff initiated this action on March 13, 2009. (Compl., ECF No. 1.) The Court 20 screened Plaintiff’s Complaint, found that it did not state a claim, and gave Plaintiff leave 21 to amend. (ECF No. 10.) On August 31, 2009, Plaintiff filed an Amended Complaint. 22 (ECF No. 13.) Again, the Court screened Plaintiff’s Amended Complaint, found that it did 23 not state a claim, and gave Plaintiff leave to amend. (ECF No. 18.) Plaintiff then filed a 24 Second Amended Complaint (ECF No. 21), with similar results (ECF No. 22). Plaintiff filed 25 a Third Amended Complaint, which the Court has not yet screened. (ECF No. 25.) 26 -1- 1 Plaintiff’s Third Amended Complaint, like his previous pleadings, is deficient 2 because Plaintiff fails to name any individual defendants. (ECF No. 25.) Since Plaintiff 3 cannot not continue this action without a named defendant, the Court appointed counsel 4 for the limited purpose of discovering the names of potential defendants. (ECF No. 28.) 5 Plaintiff’s counsel has filed a motion indicating that she has been unable to identify 6 the names of potential defendants and that she wishes to terminate her representation. 7 (ECF No. 34.) In connection with her motion, Plaintiff’s counsel has filed a declaration 8 reflecting that she made an effort to fulfill her responsibilities. (ECF No. 34-1.) Plaintiff has 9 not filed any objections to the motion. Accordingly, since Plaintiff’s counsel has fulfilled her responsibilities, she is now 10 11 relieved from all duties as counsel in this matter. 12 13 IT IS SO ORDERED. 14 Dated: ci4d6 September 24, 2012 Michael J. Seng /s/ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 -2-

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