Billinger v. Yates

Filing 28

ORDER APPOINTING LIMITED PURPOSE COUNSEL, signed by Magistrate Judge Barbara A. McAuliffe on 4/20/2015. Amended Complaint due within ninety (90) days. Rebecca A. Weinstein-Hamilton is appointed as counsel for the limited purpose of investigating the claim, then drafting and filing an amended complaint. (Jessen, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 ALBERT BILLINGER 11 Plaintiff, 12 v. 13 YATES, 14 Case No.: 1:14-cv-02031-BAM (PC) ORDER APPOINTING LIMITED PURPOSE COUNSEL Defendant. 15 16 Plaintiff Albert Billinger (“Plaintiff”) is a state prisoner proceeding pro se and in forma 17 pauperis in this civil action pursuant to 42 U.S.C § 1983. The court finds that the appointment of 18 counsel is warranted for the limited purpose of drafting an amended complaint. Rebecca A. 19 Weinstein-Hamilton has been selected from the court’s pro bono attorney panel to represent 20 plaintiff and she has accepted the appointment. 21 22 Accordingly, IT IS HEREBY ORDERED that: 1. Rebecca A. Weinstein-Hamilton is appointed as counsel in the above entitled matter for 23 the limited purpose of investigating the claim, then drafting and filing an amended 24 complaint. The amended complaint will be due 90 days from the date of this order. 25 2. Rebecca A. Weinstein-Hamilton’s appointment will terminate when plaintiff=s amended 26 complaint is filed, or files a notice that an amended complaint would not be appropriate. 27 Prior to the termination of the appointment, the court will accord counsel the option of 28 1 1 discontinuing her representation of plaintiff or, at her discretion, proceeding as plaintiff’s 2 appointed counsel for purposes of discovery, settlement and/or trial. If counsel does not 3 wish to continue representation of plaintiff after she has carried out her limited purpose, 4 the court will consider appointing new counsel for plaintiff, if deemed appropriate at that 5 time. 6 3. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at 7 spark@caed.uscourts.gov if she has any questions related to the appointment. 8 4. The Clerk of the Court is directed to serve a copy of this order upon Rebecca A. 9 10 Weinstein-Hamilton, Law Office of Rebecca Weinstein-Hamilton, 3276 Amethyst Dr., Cameron Park, California 95682. 11 12 13 IT IS SO ORDERED. Dated: /s/ Barbara April 20, 2015 _ UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. McAuliffe 2

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