Rios v. Tilton, et. al.
Filing
267
ORDER signed by Magistrate Judge Kendall J. Newman on 11/18/2016 VACATING the 12/15/2016 hearing before Magistrate Judge Kendall J. Newman. Within 14 days, plaintiff shall file a statement of opposition or nonopposition to counsel's 265 motion to withdraw. The Clerk shall serve a copy of this order on plaintiff.(Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RENO FUENTES RIOS,
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No. 2:07-cv-0790 KJN P
Plaintiff,
v.
ORDER
J.E. TILTON, et al.,
Defendants.
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Plaintiff is a state prisoner, proceeding through counsel. On November 16, 2016, counsel
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for plaintiff filed a motion to withdraw and noticed the motion for hearing on December 15, 2016.
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In the motion, counsel noted that their representation of plaintiff was contingent on plaintiff’s
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execution of an engagement letter pursuant to the court’s June 7, 2012 order. (ECF No. 124.)
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Counsel confirmed receipt of the executed engagement agreement on June 22, 2012. (ECF No.
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125.) In the instant motion, counsel states that the “engagement letter defined the scope of DLA
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Piper’s representation of [plaintiff] to last through trial and not include any appeals that [plaintiff]
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might wish to file.” (ECF No. 265 at 3.)
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Because counsel’s motion to withdraw may not be addressed prior to the deadline for
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filing an appeal, plaintiff is cautioned that if he intends to file an appeal, he must file a notice of
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appeal with the district clerk within thirty days after the entry of judgment. See Fed. R. App. P.
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4(a)(1)(A). In this case, judgment was entered on November 4, 2016. (ECF No. 261.)
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In light of plaintiff’s incarceration, the motion is removed from calendar and will be
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submitted for decision on the papers following receipt of plaintiff’s response. Plaintiff is
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cautioned that failure to timely respond to this order will result in an order granting counsel’s
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motion to withdraw.
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Accordingly, IT IS HEREBY ORDERED that:
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1. The December 15, 2016 hearing before the undersigned is vacated;
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2. Within fourteen days from the date of this order, plaintiff shall file a statement of
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opposition or nonopposition to counsel’s motion to withdraw; and
3. The Clerk of the Court is directed to serve a copy of this order on plaintiff as follows:
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Reno Fuentes Rios (E33173)
California State Prison – Sacramento
P.O. Box 290066
Represa, CA 95671
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Dated: November 18, 2016
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/rios0790.vac
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