Sokolsky v. State of California et al

Filing 97

ORDER DENYING Substitution of Attorneys; ORDER for Clerk to Reflect That Plaintiff is Proceeding Pro Se, signed by Magistrate Judge Gary S. Austin on 1/29/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK S. SOKOLSKY,

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Plaintiff,

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1:13-cv-02044-LJO-GSA-PC
ORDER DENYING SUBSTITUTION OF
ATTORNEYS
(ECF Nos. 92, 93.)

vs.

ORDER FOR CLERK TO REFLECT THAT
PLAINTIFF IS PROCEEDING PRO SE

STATE OF CALIFORNIA, et al.,

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Defendants.

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Mark S. Sokolsky (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.

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On January 27, 2018, Attorney Charles Kelly Kilgore, of the Law Offices of Charles

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Kelly Kilgore, submitted a proposed order substituting himself as attorney for Plaintiff Mark S.

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Sokolsky and adding himself to the court record as Plaintiff’s attorney. (ECF Nos. 92, 93.)

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Attorney Kilgore also filed objections to the court’s January 8, 2018, findings and

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recommendations on Plaintiff’s behalf. (ECF Nos. 94, 95.)

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II.

SUBSTITUTION OF ATTORNEYS

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Plaintiff has not indicated whether he intends to substitute Attorney Charles Kilgore to

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represent him in this action. However, should this be the case, Plaintiff may not substitute an
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attorney in this manner. Plaintiff is presently proceeding in propria persona.1 For Plaintiff to

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substitute an attorney in place of himself as attorney of record, Plaintiff must submit a

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substitution of attorneys document to the Court, setting forth the full name and address of the

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new attorney, and signed by Plaintiff (as the withdrawing attorney and client) and the new

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attorney. Local Rule 182(g). AAll substitutions of attorneys shall require the approval of the

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Court, and the words >IT IS SO ORDERED= with spaces designated for the date and signature

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of the Judge affixed at the end of each substitution of attorneys.@ Id.

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In the event that Plaintiff intends to retain his in propria persona status and continue

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representing himself, his address of record shall reflect his address of residence. There is no

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Federal Rule of Civil Procedure or Local Rule allowing service of Court and other legal

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documentation at an address other than a pro se litigant=s actual address. Local Rule 131, Local

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Rule 182(f), and Local Rule 183(b) require pro se litigants to inform the Court of their

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addresses and to keep the Court informed of any change in their addresses.

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III.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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The substitution of Attorney Charles Kilgore in place of Plaintiff, as Plaintiff=s
attorney of record, is DENIED; and

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2.

The Clerk of Court is DIRECTED to:

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(1)

Reflect Plaintiff’s status as a pro se litigant on the court’s docket;

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(2)

Change Plaintiff’s address of record to:

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Mark S. Sokolsky
CO-000459-8
Coalinga State Hospital (5003)
P.O. Box 5003
Coalinga, CA 93210-5003

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and

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///

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///

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A litigant proceeding in propria persona, or pro se, is one who represents himself in a court proceeding
without the assistance of a lawyer. Black’s Law Dictionary, 1256, 1258 (8th ed. 2004).

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(3)

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Serve a copy of this order on:
Charles Kelly Kilgore, Esq.
Law Office of Charles Kelly Kilgore
9025 Wilshire Blvd., 5th Floor
Beverly Hills, CA 90211

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IT IS SO ORDERED.
Dated:

January 29, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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