Davis v. Walker et al

Filing 65

ORDER signed by Magistrate Judge Carolyn K. Delaney on 06/02/16 ordering plaintiff's pro se motions 54 , 62 and 63 are denied without prejudice to renewal. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD LEE DAVIS,

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Plaintiff,

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No. 2:08-0593 KJM CKD P

v.

ORDER

JAMES WALKER, et al.,

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Defendants.

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Plaintiff is a state prisoner seeking relief pursuant to 42 U.S.C. § 1983. On March 14,

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2016, plaintiff was appointed a pro bono attorney, Brian Pomerantz, to represent him in this

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matter.1 (ECF No. 51.) Since then, plaintiff has filed several pro se motions. (ECF Nos. 54, 63

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& 62; see also ECF Nos. 57, 58 & 64.)
Mr. Pomerantz recently filed a motion to withdraw as plaintiff’s attorney. (ECF No. 61.)

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The court has yet to rule on that motion and, to date, plaintiff continues to be represented by

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counsel. See L.R. 182(d) (“The authority and duty of the attorney of record shall continue until

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relieved by order of the Court issued hereunder.”) Thus the court will disregard plaintiff’s

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unauthorized pro se filings. Specifically, the court will deny plaintiff’s motions without prejudice

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to renewal, either through counsel or at such time as plaintiff is proceeding pro se. Any

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See also Davis v. Walker, et al., No. 2:10-cv-2139 KJM CKD.
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outstanding issues can be addressed at the July 6, 2016 status conference.
In accordance with the above, IT IS HEREBY ORDERED that plaintiff’s pro se motions

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(ECF Nos. 54, 63 & 62) are denied without prejudice to renewal.

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Dated: June 2, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/davi0593.ord

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