Ruiz v. Mobert

Filing 39

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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROGELIO MAY RUIZ, 11 12 13 14 Case No. 1:17-cv-00709-AWI-JDP Plaintiff, v. ORDER REGARDING LIMITED PURPOSE COUNSEL R. MOBERT, Defendant. 15 16 Plaintiff Rogelio May Ruiz, a state prisoner, proceeds without counsel in this civil rights 17 action brought under 42 U.S.C § 1983. On September 27, 2018, the court decided to recruit 18 counsel for plaintiff. (Doc. No. 38.) Attorney Kresta N. Daly has agreed to represent plaintiff for 19 the limited purposes of drafting and filing an amended complaint. Attorney Daly has no 20 obligation to continue representing plaintiff after the filing of the amended complaint. Even 21 before filing the amended complaint, the attorney may withdraw from representation by filing a 22 motion to withdraw representation, explaining the circumstances that warrant withdrawal from 23 representation. Plaintiff may not require counsel to assert frivolous claims, and attorney Daly 24 need not assert all claims previously asserted by plaintiff. 25 26 27 28 1 Order 1 2 1. Attorney Kresta N. Daly will represent plaintiff Rogelio May Ruiz for the limited purpose 3 of drafting and filing an amended complaint. The amended complaint is due 120 days 4 from the date of this order. The court will entertain extensions of time if appropriate. 5 2. Attorney Daly’s representation of plaintiff may terminate upon the filing of an amended 6 complaint, a motion to withdraw representation, or a notice that an amended complaint 7 would not be appropriate. Should Attorney Day wish to continue representing plaintiff 8 after the pleading stage, she may do so. 9 3. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at 10 spark@caed.uscourts.gov if she has any questions related to the appointment. 11 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. 12 13 14 15 16 IT IS SO ORDERED. Dated: October 4, 2018 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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