Hawecker et al v. Sorensen

Filing 145

ORDER Relieving Counsel; ORDER Appointing Counsel, signed by Magistrate Judge Jennifer L. Thurston on 6/4/12: David C. Kiernan is relieved as counsel; M. Greg Mullanax is appointed as counsel; Mr. Sorenson's notification of rejection of appointment due within 21 days of service of this order. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARRIE HAWECKER, et al.,

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Case No.: 1:10-cv-0085-AWI-JLT

Plaintiffs,

ORDER RELIEVING COUNSEL; ORDER
APPOINTING COUNSEL

vs.
RAWLAND LEON SORENSON,

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Defendant.
/

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UNITED STATES OF AMERICA,
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Plaintiff,
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vs.
RAWLAND LEON SORENSON,
Defendant.
/

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Defendant Rawland Leon Sorenson is proceeding pro se in this action after the Court

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granted his former attorneys’ motion to withdraw. (Doc. 123) At a hearing held on May 25, 2012,

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Mr. Sorenson appeared and represented himself. At that hearing, Mr. Sorenson explained that he

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had been unable to obtain agreement by any local attorney to represent him given that he was

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being sued by the United States of America. Moreover, Mr. Sorenson explained that he was
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“broke” which the Court took to mean that he had minimal liquid assets. Indeed, in attempting to

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obtain Mr. Sorenson’s comments on the matters before the Court, it became clear that he was

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unable to explain his position in a linear and coherent fashion and the Court has little doubt that

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he would be unable to present even a rudimentary defense of the case at trial.

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On May 29, 2012, the Court appointed attorney David Kiernan to represent Defendant

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after he expressed agreement to accept the case. (Doc. 144) After further reflection, Mr. Kiernan

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has notified the Court that he is unable to take the case. Therefore, Mr. Kiernan is relieved as

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counsel of record.

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In the meanwhile, a second attorney, M. Greg Mullanax has agreed to accept the

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appointment and has expressed a willingness to proceed to trial in this case. Based upon these

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factors and the burden on the Court posed by a litigant who is unable to meaningfully participate

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in trial preparation and trial, the Court continues to find that appointment of counsel for

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Defendant is warranted.

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M. Greg Mullanx is hereby appointed and he has accepted the appointment. Should Mr.

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Sorenson wish to reject this appointment, he may do so by alerting the Court of this fact in

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writing, within 21 days of service of this order.

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Based upon the foregoing, IT IS HEREBY ORDERED that:

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1.

David C. Kiernan is relieved as counsel in the above entitled matter;

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2.

M. Greg Mullanax is appointed as counsel in the above entitled matter;

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2.

M. Greg Mullanax shall contact the Court’s ADR Coordinator, Sujean Park, at

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[phone] or via email at [e-mail], if he has any questions related to the

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appointment;

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3.

The Clerk of the Court is directed to serve a copy of this order upon M. Greg

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Mullanax, Law Offices of M. Greg Mullanax, 2140 N. Winery Avenue, Suite 101, Fresno,

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California 93703;

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4.

Mr. Sorenson may reject this appointment by providing written notification to the
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Court of his rejection, within 21 days of service of this order.

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IT IS SO ORDERED.

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Dated: June 4, 2012
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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