Williams v. The State of California et al

Filing 66

ORDER Denying Plaintiff's Motion For New Counsel And Granting Plaintiff's Request To File A Supplemental Opposition To Defendants' Motion To Dismiss (ECF No. 58 ), Supplemental Opposition Due Within Twenty-Eight Days, signed by Magistrate Judge Michael J. Seng on 8/29/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONALD B. WILLIAMS,

CASE NO.

1:11-cv-182-LJO-MJS (PC)

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ORDER DENYING PLAINTIFF’S MOTION
FOR NEW COUNSEL AND GRANTING
PLAINTIFF’S REQUEST TO FILE A
SUPPLEMENTAL OPPOSITION TO
DEFENDANTS’ MOTION TO DISMISS

Plaintiff,

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v.
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THE STATE OF CALIFORNIA, et al.,

(ECF No. 58)

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SUPPLEMENTAL OPPOSITION DUE
WITHIN TWENTY-EIGHT DAYS

Defendants.

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/

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Plaintiff Donald B. Williams (“Plaintiff”) is a state prisoner proceeding in this civil
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rights action pursuant to 42 U.S.C. § 1983.
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The action is proceeding against Defendants Enenmoh, Oneyeje, LeMay, Byers,
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and Faria for inadequate medical care under the Eighth Amendment.
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On July 18, 2012, Plaintiff filed a motion for appointment of new counsel. (ECF No.
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58.) In his motion, Plaintiff complained of poor communication between him and his court20
appointed attorney. (Id.) With consent of Defendants, the Court held a telephonic
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conference with Plaintiff and his counsel, only, on August 29, 2012. (ECF No. 65.)
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Plaintiff’s concerns having been addressed, the existing attorney-client relationship will
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continue at his request.
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The Court has further determined that it will best serve the interests of justice, and
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not prejudice Defendants, to allow Plaintiff to supplement his opposition to Defendants’
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motion to dismiss.
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Accordingly, it is hereby ORDERED that:
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Plaintiff’s motion for new counsel (ECF No. 58) is DENIED; and

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2.

Plaintiff is to file a supplemental opposition to Defendants’ motion to dismiss
within twenty-eight (28) days of entry of this order.

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IT IS SO ORDERED.

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Dated:
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August 29, 2012

Michael J. Seng

/s/
UNITED STATES MAGISTRATE JUDGE

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