Fountain v. Lebron et al

Filing 42

ORDER signed by Magistrate Judge Dale A. Drozd on 9/27/11 ORDERING 36 Ex Parte Application for leave to dispose plaintiff is denied as unnecessary; and GRANTING 40 Substitution of Attorney; David Springfield is substituted as plaintiff's attorney of record. (Matson, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARL FOUNTAIN,

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Plaintiff,

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No. CIV S-10-2633 KJM DAD P

vs.
A. LEBRON, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

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42 U.S.C. § 1983. Before the court is defendants ex parte application for leave to depose

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plaintiff and plaintiff’s substitution of attorney.

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In the court’s discovery and scheduling order, filed on July 28, 2011, the

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procedure for the taking of plaintiff’s deposition was set forth. See Doc. No. 30 at 5. Pursuant to

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that procedure, leave of court is not required for the taking of plaintiff’s deposition. Therefore,

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the defendants’ application will be denied as unnecessary.

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On September 8, 2011, attorney David Springfield filed a notice of substitution of

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counsel for plaintiff. Plaintiff Carl Fountain has indicated that he consents to the substitution.

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Plaintiff’s substitution of attorney will be approved.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ September 8, 2011 ex parte application for leave to depose

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plaintiff (Doc. No. 36) is denied as unnecessary; and

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2. Plaintiff’s substitution of attorney, filed on September 12, 2011, is granted and

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attorney David Springfield is substituted as plaintiff’s attorney of record.

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DATED: September 27, 2011.

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DAD:4
foun2633.depo.sub

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