Kilgore v. Mandeville et al

Filing 121

ORDER signed by Magistrate Judge Kendall J. Newman on 8/28/12 DENYING without prejudice 120 Motion for a 30 day grace period. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IVAN KILGORE,

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Plaintiff,

No. 2:07-cv-2485 GEB KJN P

vs.
RICHARD MANDEVILLE, et al.,
Defendants.

ORDER
/

Plaintiff is a state prisoner, proceeding with court-appointed counsel, in a civil

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rights action filed pursuant to 42 U.S.C. § 1983. Discovery closed in this action on July 27,

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2012, and the dispositive motion deadline is September 29, 2012. (See Dkt. No. 115.) On

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August 13, 2012, plaintiff, acting in pro se, filed a document wherein he states that he

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contemporaneously sent a letter to his counsel, requesting review of the transcripts of defendants’

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depositions. Plaintiff states in pertinent part (Dkt. No. 120 at 1):

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I have reason to believe that appointed counsel . . . may have been
incompetent during the deposition hearing due to a recent letter I
received from him . . . . Upon review of these depositions, there is
a possibility I will move for a substitution of counsel or
reinstatement of my pro se status or co-counsel status. [¶] I am
hereby requesting a 30-day grace period so as to determine whether
or not appointed counsel competantly (sic) represented this action
during the deposition hearing.

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Plaintiff’s request will be denied without prejudice – plaintiff’s request to review

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defendants’ deposition transcripts has been properly directed to plaintiff’s counsel; there are no

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imminent deadlines in this action; and, while plaintiff is legally represented, he is required to

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appear in this court only through his appointed counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s request for a thirty-day “grace period” (Dkt. No. 120), is denied

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without prejudice.

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SO ORDERED.
DATED: August 28, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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kilg2485.frthr.stat.