Rowan Brooks v. James Yates

Filing 44

ORDER GRANTING Motion to Remove Counsel of Record 36 , signed by Magistrate Judge Jennifer L. Thurston on 3/30/16: Petitioner is substituted in the place of Gregory H. Mitts and is proceeding pro se. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROWAN CROSBY BROOKS, JR.,

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Petitioner,

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v.

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JAMES YATES,

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Respondent.

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Case No.: 1:11-cv-01315 LJO JLT (HC)
ORDER GRANTING MOTION TO REMOVE
COUNSEL OF RECORD
(Doc. 36)

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Petitioner requests the Court “remove as counsel of record,” Gregory H. Mitts, who

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represented him in this matter. (Doc. 36) Petitioner asserts that he fired Mitts on October 10, 2012.

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Id. at 2. Due to a breakdown in the relationship, Petitioner does not believe that Mr. Mitts would sign

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a consent to be substituted out of this case. Id. Mr. Mitts did not respond to the motion. Therefore,

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good cause appearing, the Court ORDERS:

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1.

Petitioner’s motion (Doc. 36) is GRANTED1;

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2.

Petitioner is substituted in the place of Gregory H. Mitts and is proceeding pro se.

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IT IS SO ORDERED.

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Dated:

March 30, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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This motion was filed some time ago but it was moot given the matter had been dismissed. However, the recent order
reversing the dismissal has made the motion now ripe.