Gray v. California Dept of Corrections and Rehabilitation et al

Filing 126

ORDER signed by Magistrate Judge Edmund F. Brennan on 5/4/2015 ORDERING that Mr. Kitay is granted leave to withdraw as counsel for plaintiff and is relieved of any continuing obligation in this case; plaintiff shall do one of the following within 21 days: (1) have new counsel file an appearance, or (2) file an appearance pro se; and the Clerk shall mail a copy of this order to plaintiff at CHCF. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LEON GRAY,

12

Plaintiff,

13
14

No. 2:10-cv-1928-TLN-EFB P

v.

ORDER

DAGE,

15

Defendant.

16
Plaintiff is a state prisoner proceeding through counsel in an action brought under 42

17
18

U.S.C. § 1983. On December 12, 2014, plaintiff’s counsel, Mr. Robert Kitay, filed a notice of

19

attorney suspension, indicating that he had been suspended from the practice of law, effective

20

November 29, 2014, for a minimum of six months.1 ECF No. 121. Rather than filing a motion

21

for leave to withdraw in accordance with Local Rule 182(d), Mr. Kitay filed a proposed order

22

substituting plaintiff, in pro per, as counsel of record.2 ECF No. 123. Plaintiff Leon Gray signed

23

and indicated his consent to the proposed order of substitution. Id.

24

/////

25
26
27
28

1

Local Rule 184 provides that “[i]f an attorney’s status so changes with respect to
eligibility, the attorney shall forthwith be suspended from practice before this Court without any
order of Court until becoming eligible to practice.”
2

Local Rule 182(g) contemplates a substitution of attorneys, not a substitution of an
attorney for a party proceeding pro se.
1

1

The court construes Mr. Kitay’s notice as a motion to withdraw. Considering plaintiff’s

2

consent to the withdrawal, and the notification that Mr. Kitay has been suspended from the

3

practice of law, the motion is granted.

4

IT IS HEREBY ORDERED that:

5

1. Mr. Kitay is granted leave to withdraw as counsel for plaintiff and is relieved of any

6
7

continuing obligation in this case.
2. Plaintiff is ordered to do one of the following within 21 days from the date of this

8

order: (1) have new counsel file an appearance; or (2) file an appearance pro se. The

9

court cautions plaintiff that failure to comply with the Federal Rules of Civil

10

Procedure, this court’s Local Rules, or any court order may result in this action being

11

dismissed. See Local Rule 110; Fed. R. Civ. P. 41.

12

3. The Clerk of the Court shall mail a copy of this order to plaintiff at the following

13

address: Leon Gray, CDCR No. T-34648, California Health Care Facility, Facility C,

14

P.O. Box 32200, Stockton, CA, 95213.

15

DATED: May 4, 2015.

16
17
18
19
20
21
22
23
24
25
26
27
28
2