Walker v. Felker

Filing 135

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/7/2012 DIRECTING the clerk to file motion to substitute counsel 133 under seal. Motion to substitute counsel is DENIED. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARQUIS VERNARD WALKER,
Plaintiff,

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vs.

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No. CIV S-07-1323 WBS EFB P

T. FELKER, et al.,

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Defendants.

ORDER
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Plaintiff is a state prisoner proceeding with counsel in an action brought under 42 U.S.C.

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§ 1983. The court is in receipt of a two-page ex parte motion, filed by plaintiff, to substitute his

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attorney. Because the request discloses confidential attorney-client communications, it will be

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filed under seal. E.D. Cal., Local Rule 141(d). Although plaintiff’s current counsel agreed to

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represent him on a pro bono basis, plaintiff does not have a right to appointed counsel in this

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case. As plaintiff is well aware, district courts lack authority to require counsel to represent

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indigent prisoners in section 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296,

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298 (1989). Plaintiff’s request to substitute his current counsel is therefore denied. If plaintiff

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wishes to proceed pro se in this action, he may so inform his counsel and request that she file a

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motion to withdraw. However, if plaintiff’s counsel withdraws, plaintiff will proceed to trial on

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the date scheduled representing himself.
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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of the Court is directed to file pages 1-2 of plaintiff’s April 26, 2012 ex

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parte motion to substitute counsel, under seal.
2. Plaintiff’s April 26, 2012 ex parte motion to substitute counsel is denied.
DATED: May 7, 2012.

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