Perez v. McDonald et al

Filing 33

ORDER signed by Magistrate Judge John F. Moulds on 5/2/11 ORDERING that the Clerk of the Court is directed to change the nature of suit code for this action in accordance with the district courts 4/6/11 order; and Within 10 days from the date of this order, counsel for plaintiff shall informthe court how she intends to proceed in light of the district courts 4/6/11 order and the documents subsequently filed by plaintiff.(Dillon, M)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

FERNANDO AVILA PEREZ, JR.,

11
12
13
14
15

Plaintiff,

No. 2:10-cv-1984 MCE JFM (PC)

vs.
MCDONALD, et al.,
Defendants.

ORDER
/

16

Plaintiff, a state prisoner, commenced this action pro se by filing an application

17

for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in

18

forma pauperis. By order filed August 10, 2010, plaintiff’s request to proceed in forma pauperis

19

was granted and defendants were directed to respond to the petition.

20

On October 22, 2010, defendants filed a motion to dismiss this action for failure

21

to state a cognizable claim for habeas corpus relief. Plaintiff opposed the motion. On January

22

14, 2011, this court issued an order and findings and recommendations, appointing the Federal

23

Defender to represent plaintiff and recommending that defendants’ motion to dismiss be denied.

24

On February 15, 2011, this court approved a proposed substitution of attorney,

25

substituting Krista Hart, Esq., as counsel for plaintiff in place of Assistant Federal Defender

26

Carolyn Wiggin. On April 6, 2011, the district court issued an order declining to adopt the
1

1

January 14, 2011 findings and recommendations and granting plaintiff twenty days to raise his

2

claims in an amended civil rights complaint pursuant to 42 U.S.C. § 1983. On April 21, 2011,

3

plaintiff filed, pro se, an amended complaint, a motion to proceed in forma pauperis, and a

4

motion for appointment of counsel. On April 27, 2011, plaintiff filed a second motion to proceed

5

in forma pauperis.

6

Because plaintiff is represented by counsel, all documents filed on behalf of

7

plaintiff should be filed by his attorney of record. Counsel for plaintiff will be directed to inform

8

the court within ten days how she intends to proceed in light of the district court’s April 6, 2011

9

order and the documents subsequently filed by plaintiff.

10

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

11

1. The Clerk of the Court is directed to change the nature of suit code for this

12

action in accordance with the district court’s April 6, 2011 order; and

13

2. Within ten days from the date of this order counsel for plaintiff shall inform

14

the court within ten days how she intends to proceed in light of the district court’s April 6, 2011

15

order and the documents subsequently filed by plaintiff.

16

DATED: May 2, 2011.

17
18
19
20
21

12
pere1984.fb

22
23
24
25
26
2