Williams v. Baker et al
Filing
170
ORDER signed by District Judge Dale A. Drozd on 7/8/2024 DENYING 165 Motion for Reconsideration. (Mena-Sanchez, L)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SHANNON WILLIAMS,
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Plaintiff,
v.
CHRISTOPHER BAKER, et al.,
ORDER DENYING PLAINTIFF’S REQUEST
FOR RECONSIDERATION OF THE
MAGISTRATE JUDGE’S APRIL 24, 2024
ORDER
Defendants.
(Doc. No. 165)
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No. 1:16-cv-01540-DAD-HBK (PC)
Plaintiff Shannon Williams is a federal prisoner proceeding pro se and in forma pauperis
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in this civil rights action brought pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388
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(1971). This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.
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§ 636(b)(1)(B) and Local Rule 302.
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On March 4, 2020, the previously-assigned magistrate judge issued an order appointing
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pro bono counsel, specifically attorney Carter C. White of the King Hall Civil Rights Clinic, “for
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the limited purpose of briefing whether plaintiff’s remaining Eighth Amendment allegation in his
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complaint states a claim upon which relief may be granted in light of Ziglar v. Abbasi, 137 S. Ct.
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1843, 1854 (2017).” (Doc. No. 70 at 1.) On September 14, 2020, the court asked attorney White
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to clarify his intentions with regard to whether his pro bono representation of plaintiff would
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continue and, on July 1, 2020, attorney White confirm that he was willing to accept a continued
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appointment to represent plaintiff in this case. (Doc. Nos. 82 at 16; 83.)
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On July 19, 2023, plaintiff filed a pro se motion requesting the court to appoint new
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counsel or permit him to proceed pro se in this action because, according to plaintiff, attorney
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White failed to investigate important issues and failed to file certain motions, leading to a
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breakdown and loss of trust in their attorney-client relationship. (Doc. No. 141.) On November
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3, 2023, the assigned magistrate judge issued an order denying plaintiff’s pro se motion as
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improper and directing plaintiff’s counsel to file a motion to withdraw as counsel of record.
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(Doc. No. 145.)
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On March 20, 2024, attorney White filed a motion to withdraw as counsel of record for
plaintiff in this action based on plaintiff’s clearly expressed intention in his pro se motion that he
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wishes to discharge attorney White, and “it would be unreasonably difficult [] to carry out the
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representation effectively.” (Doc. No. 157 at 4.)
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On April 24, 2024, the magistrate judge issued an order granting attorney White’s motion
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to withdraw as counsel of record for plaintiff, noting that “[a] client’s right to discharge his
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attorney ‘is absolute.’” (Doc. No. 164 at 2) (quoting Fed. Sav. & Loan Ins. Corp. v. Angell,
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Holmes & Lea, 838 F.2d 395, 395–96 (9th Cir. 1988)).
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On May 17, 2024, plaintiff file a document entitled “Objection to Order of Magistrate,” in
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which plaintiff asserts that attorney White filed the pending motion too late and he does not wish
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to discharge attorney White. (Doc. No. 165.) The undersigned will construe plaintiff’s filing as a
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“Request for Reconsideration by the District Court of Magistrate Judge’s Ruling,” as provided by
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Local Rule 303(c). The standard of review for “all such requests is the ‘clearly erroneous or
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contrary to law’ standard set forth in 28 U.S.C. § 636(b)(1)(A).” L.R. 303(f) (citing Fed. R. Civ.
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P. 72(a)).
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Federal Rule of Civil Procedure 72(a) provides that non-dispositive pretrial matters may
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be referred to and decided by a magistrate judge, subject to review by the assigned district judge.
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Fed. R. Civ. P. 72 (a); see also L.R. 303(c). The district judge shall modify or set aside any part
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of the magistrate judge’s order which is “found to be clearly erroneous or contrary to law.” L.R.
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303(f); see also 28 U.S.C. § 636(b)(1)(A). The magistrate judge’s factual determinations are
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reviewed for clear error, while legal conclusions are reviewed to determine whether they are
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contrary to law. United States v. McConney, 728 F.2d 1195, 1200–01 (9th Cir. 1984), overruled
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on other grounds by Estate of Merchant v. CIR, 947 F.2d 1390 (9th Cir. 1991). “A magistrate
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judge’s decision is ‘contrary to law’ if it applies an incorrect legal standard, fails to consider an
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element of [the] applicable standard, or fails to apply or misapplies relevant statutes, case law, or
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rules of procedure.” Martin v. Loadholt, No. 1:10-cv-00156-LJO-MJS, 2014 WL 3563312, at *1
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(E.D. Cal. July 18, 2014). “[R]eview under the clearly erroneous standard is significantly
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deferential, requiring a definite and firm conviction that a mistake has been committed.”
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Concrete Pipe & Prod. of Cal., Inc. v. Constr. Laborers Pension Tr. for S. Cal., 508 U.S. 602,
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623 (1993) (internal quotation marks omitted).
Here, plaintiff requests reconsideration of the magistrate judge’s April 24, 2024 order
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granting attorney White’s motion to withdraw as counsel of record for plaintiff. (Doc. No. 165.)
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Plaintiff does not, however, articulate any basis for reconsideration, nor explain how the
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magistrate judge’s order is “clearly erroneous or contrary to law.” The magistrate judge did not
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err in finding good cause exists to grant attorney White’s motion, especially in light of the
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statements plaintiff made in his pro se motion seeking appointment of new counsel or permission
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to proceed pro se in this action. The fact that plaintiff now wishes he could still be represented by
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attorney White is not a basis to reconsider the order granting attorney White’s motion to withdraw
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as plaintiff’s counsel in this action.
Accordingly, plaintiff’s request for reconsideration of the magistrate judge’s April 24,
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2024 (Doc. No. 165) is denied.
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IT IS SO ORDERED.
Dated:
July 8, 2024
DALE A. DROZD
UNITED STATES DISTRICT JUDGE
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