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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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 Defendant. 15 16 17 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 18 first amended complaint with leave to amend. (ECF No. 25.) Thereafter, on April 20, 2015, the 19 Court appointed counsel Rebecca A. Weinstein-Hamilton for the limited purpose of investigating 20 21 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 22 was filed or counsel filed a notice that an amended complaint would not be appropriate. (ECF 23 No. 28.) On June 23, 2015, counsel filed a notice that an amended complaint would not 24 appropriate. (ECF No. 29.) 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Rebecca A. Weinstein-Hamilton’s appointment as counsel on behalf of Plaintiff is 27 TERMINATED; 28 1 1 2. Plaintiff is substituted as counsel in pro se; 2 3. If Plaintiff wishes to proceed in this action, then he must file an amended complaint 3 within thirty (30) days. Alternatively, if Plaintiff does not wish to proceed, then he 4 should file a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 5 41(a)(1); 6 4. Plaintiff is notified that his failure to comply with this order will result in dismissal of this action; and 7 8 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 9 Dr., Cameron Park, California 95682. 10 11 12 13 IT IS SO ORDERED. Dated: /s/ Barbara June 25, 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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