Ruiz v. Mobert
Filing
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ORDER Regarding Limited Purpose Counsel, signed by Magistrate Judge Jeremy D. Peterson on 10/4/18. ( Amended Complaint due 120 Day Deadline) (Martin-Gill, S)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ROGELIO MAY RUIZ,
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Case No. 1:17-cv-00709-AWI-JDP
Plaintiff,
v.
ORDER REGARDING
LIMITED PURPOSE COUNSEL
R. MOBERT,
Defendant.
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Plaintiff Rogelio May Ruiz, a state prisoner, proceeds without counsel in this civil rights
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action brought under 42 U.S.C § 1983. On September 27, 2018, the court decided to recruit
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counsel for plaintiff. (Doc. No. 38.) Attorney Kresta N. Daly has agreed to represent plaintiff for
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the limited purposes of drafting and filing an amended complaint. Attorney Daly has no
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obligation to continue representing plaintiff after the filing of the amended complaint. Even
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before filing the amended complaint, the attorney may withdraw from representation by filing a
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motion to withdraw representation, explaining the circumstances that warrant withdrawal from
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representation. Plaintiff may not require counsel to assert frivolous claims, and attorney Daly
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need not assert all claims previously asserted by plaintiff.
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Order
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1. Attorney Kresta N. Daly will represent plaintiff Rogelio May Ruiz for the limited purpose
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of drafting and filing an amended complaint. The amended complaint is due 120 days
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from the date of this order. The court will entertain extensions of time if appropriate.
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2. Attorney Daly’s representation of plaintiff may terminate upon the filing of an amended
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complaint, a motion to withdraw representation, or a notice that an amended complaint
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would not be appropriate. Should Attorney Day wish to continue representing plaintiff
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after the pleading stage, she may do so.
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3. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at
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spark@caed.uscourts.gov if she has any questions related to the appointment.
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4. The clerk of court is directed to serve a copy of this order upon Kresta N. Daly, Barth
Daly LLP, 2810 5th St., Davis, CA 95618.
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IT IS SO ORDERED.
Dated:
October 4, 2018
UNITED STATES MAGISTRATE JUDGE
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