Rodriguez v. Tilton, et al

Filing 221

ORDER signed by Magistrate Judge Allison Claire on 7/2/15 ORDERING that the motion to withdraw from representation is set for closed, ex-parte hearing before the undersigned on July 22, 2015, at 10:00 a.m., at the Robert T. Matsui Federal Courtho use, 501 I Street, Courtroom 26, Sacramento, CA 95814. Plaintiff shall appear at the hearing telephonically. The Clerk of the Court is directed to fax a courtesy copy of this order to the Litigation Coordinator at Richard J. Donovan Correctional Facility at [phone]. (Copy faxed to RJDCF) (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LUIS VALENZUELA RODRIGUEZ,

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No. 2:08-cv-1028 GEB AC P

Plaintiff,
v.

ORDER

JAMES TILTON, et al.,
Defendants.

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Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. §

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1983. Counsel was appointed for the limited purpose of reviewing the case and record, seeking

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any additional discovery necessary to oppose summary judgment, and responding to any renewed

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motion for summary judgment. ECF No. 206. Counsel now seeks to withdraw from representing

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plaintiff and requests that the court appoint another attorney to represent plaintiff. ECF No. 220.

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Counsel cites irreconcilable differences that prevent her from ethically continuing representation.

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Id. Plaintiff also appears to seek appointment of different counsel. ECF No. 220-1.

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A closed, ex-parte hearing on this matter will be set before the undersigned for July 22,

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2015, at 10:00 a.m., at the Robert T. Matsui Federal Courthouse, 501 I Street, Courtroom 26,

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Sacramento, CA 95814. A separate order and writ of habeas corpus ad testificandum will issue

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concurrently to provide for plaintiff’s telephonic attendance at the hearing. Because this matter

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deals with representation of counsel and defendants have no standing on the matter, they shall not
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respond to the motion and need not appear. It is unnecessary for plaintiff or plaintiff’s counsel to

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provide further briefing prior to the hearing.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The motion to withdraw from representation is set for closed, ex-parte hearing before

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the undersigned on July 22, 2015, at 10:00 a.m., at the Robert T. Matsui Federal Courthouse, 501

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I Street, Courtroom 26, Sacramento, CA 95814.

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2. Plaintiff shall appear at the hearing telephonically.

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3. The Clerk of the Court is directed to fax a courtesy copy of this order to the Litigation

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Coordinator at Richard J. Donovan Correctional Facility at [phone].
DATED: July 2, 2015

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