Simmons v. CDCR et al

Filing 28

ORDER DENYING 27 Substitution of Attorneys Without Prejudice signed by Magistrate Judge Gary S. Austin on 5/23/2014. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTOPHER SIMMONS,

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Plaintiff,

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vs.

1:10-cv-00553-AWI-GSA-PC
ORDER DENYING SUBSTITUTION
OF ATTORNEYS, WITHOUT
PREJUDICE
(Doc. 27.)

JONATHAN AKANNO, et al.,

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Defendants.

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I.

BACKGROUND

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This is a civil action filed by Christopher Simmons (APlaintiff@), a state prisoner

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proceeding pro se. On May 22, 2014, Plaintiff filed a request for substitution of attorneys,

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requesting to substitute attorney Scottlynn J. Hubbard IV, Esq., in place and stead of himself as

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attorney of record. (Doc. 27.)

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II.

SUBSTITUTION OF ATTORNEYS – LOCAL RULE 182(g)

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Under Local Rule 182(g), Plaintiff must submit a substitution of attorneys document to

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the Court, setting forth the full name and address of the new attorney, and signed by Plaintiff

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(as the withdrawing attorney and client) and the new attorney. Local Rule 182(g) (emphasis

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added). AAll substitutions of attorneys shall require the approval of the Court, and the words

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>IT IS SO ORDERED= with spaces designated for the date and signature of the Judge affixed

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at the end of each substitution of attorneys.@ Id.
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Plaintiff’s request for substitution of attorneys does not include the signature of the new

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attorney, as required by Local Rule 182(g). Therefore, the request must be denied, without

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prejudice to submission of a new request, or “Stipulation for Substitution of Attorneys” which

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meets the requirements of Local Rule 182(g).

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III.

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CONCLUSION
Based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s request for

substitution of attorneys, filed on May 22, 2014, is DENIED without prejudice.

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IT IS SO ORDERED.
Dated:

May 23, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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