Hughes v. CDCR

Filing 75

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/16 ORDERING that the Clerk of the Court shall send to plaintiff a copy of the Second Amended Complaint (ECF No. 60 ). Within 10 days from the date of this order, plaintiff's limited a ppointment counsel shall return the case file to plaintiff and file a statement with the court certifying the same. Counsels statement shall also clarify whether he wishes to continue with his representation of plaintiff in this matter.(Dillon, M)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

FOR THE EASTERN DISTRICT OF CALIFORNIA

9
10

BERNARD HUGHES,

11
12
13
14

No. 2:11-cv-1856-KJM-EFB P

Plaintiff,
v.

ORDER

MARTIN H. JANSEN, M.D., et al.,
Defendants.

15
16

On February 26, 2015, the court appointed counsel for plaintiff for the limited purposes of

17

investigating plaintiff’s claims, drafting and filing an amended complaint, and assessing the need

18

for a temporary restraining order. ECF No. 48. The court noted that prior to termination of the

19

appointment, counsel would have the option of proceeding as plaintiff’s appointed counsel for

20

purposes of discovery, settlement and/or trial. Id. After several extensions of time, plaintiff’s

21

counsel filed an amended complaint. ECF No. 60. Thereafter, defendant filed a motion to

22

dismiss for failure to state a claim and plaintiff filed a pro se motion for injunctive relief. ECF

23

Nos. 61, 62. Because plaintiff’s counsel did not oppose defendant’s motion to dismiss or seek an

24

extension of time to oppose the motion, the court inferred that plaintiff’s counsel had elected to

25

discontinue his representation of plaintiff. Therefore, the court noted that counsel had fulfilled

26

his limited purpose appointment and directed plaintiff to file a response to defendant’s motion to

27

dismiss. ECF No. 66 at n.1. The court also issued findings and recommendations,

28

recommending that plaintiff’s pro se motion for injunctive relief be denied. ECF No. 67. In his
1

1

objections to those findings and recommendations, plaintiff states that his limited appointment

2

counsel did not provide him with a copy of the amended complaint and did not return the case

3

file.

4

Accordingly, IT IS HEREBY ORDERED that:

5

1.

6
7

The Clerk of the Court shall send to plaintiff a copy of the Second Amended
Complaint (ECF No. 60).

2.

Within ten days from the date of this order, plaintiff’s limited appointment

8

counsel shall return the case file to plaintiff and file a statement with the court

9

certifying the same. Counsel’s statement shall also clarify whether he wishes to

10
11

continue with his representation of plaintiff in this matter.
DATED: February 16, 2016.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2