Billinger v. Yates

Filing 30

ORDER TERMINATING Appointment of Limited Purpose Counsel and ORDER DIRECTING Plaintiff to File an Amended Complaint or Notice of Voluntary Dismissal Within Thirty (30) Days, signed by Magistrate Judge Barbara A. McAuliffe on 6/25/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT BILLINGER

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Plaintiff,

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v.

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YATES,

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Defendant.

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Case No.: 1:14-cv-02031-BAM (PC)
ORDER TERMINATING APPOINTMENT
OF LIMITED PURPOSE COUNSEL
(ECF No. 28)
ORDER DIRECTING PLAINTIFF TO FILE
AN AMENDED COMPLAINT
THIRTY-DAY DEADLINE

Plaintiff Albert Billinger (“Plaintiff”) is a state prisoner proceeding in forma pauperis in
this civil action pursuant to 42 U.S.C § 1983. On April 9, 2015, the Court dismissed Plaintiff’s

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first amended complaint with leave to amend. (ECF No. 25.) Thereafter, on April 20, 2015, the
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Court appointed counsel Rebecca A. Weinstein-Hamilton for the limited purpose of investigating
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the claim, then drafting and filing an amended complaint within 90 days. The Court’s order
provided that counsel’s limited appointment would terminate when Plaintiff’s amended complaint

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was filed or counsel filed a notice that an amended complaint would not be appropriate. (ECF
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No. 28.) On June 23, 2015, counsel filed a notice that an amended complaint would not
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appropriate. (ECF No. 29.)
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Accordingly, IT IS HEREBY ORDERED that:
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1. Rebecca A. Weinstein-Hamilton’s appointment as counsel on behalf of Plaintiff is

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TERMINATED;
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2. Plaintiff is substituted as counsel in pro se;

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3. If Plaintiff wishes to proceed in this action, then he must file an amended complaint

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within thirty (30) days. Alternatively, if Plaintiff does not wish to proceed, then he

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should file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure

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41(a)(1);

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4. Plaintiff is notified that his failure to comply with this order will result in dismissal of
this action; and

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5. The Clerk of the Court is directed to serve a copy of this order upon Rebecca A.
Weinstein-Hamilton, Law Office of Rebecca Weinstein-Hamilton, 3276 Amethyst

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Dr., Cameron Park, California 95682.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 25, 2015

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UNITED STATES MAGISTRATE JUDGE

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A. McAuliffe

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