Hann v. Sacramento County Sheriff Department

Filing 24

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Carolyn K. Delaney on 04/11/13 ordering Joshua Kaizuka's limited appointment as counsel for plaintiff is terminated. Henceforth, plaintiff shall proceed pro se. Within 30 days from the date of this order, plaintiff shall show cause in writing why this action should not be dismissed without prejudice due to the failure to identify any named individual defendant against whom a cognizable claim might be stated. The clerk of the court is directed to serve a copy of this order upon Joshua Kaizuka, Law Offices of Denis White, 901 H Street, Suite 101, Sacramento, California 95814 and on Sujean Park, The court's ADR and Pro Bono Program Director. (cc: ADR Director) (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EVAN E. HANN,

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Plaintiff,

No. 2:11-cv-3368 JFM (PC)

vs.
SACRAMENTO COUNTY
SHERIFF’S DEPARTMENT, et al.,

ORDER AND

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ORDER TO SHOW CAUSE
Defendants.

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/
Plaintiff Evan Hann is a state prisoner proceeding with this civil rights action

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pursuant to 42 U.S.C. §1983. By order filed November 28, 2012, this court appointed counsel

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for the limited purpose of investigating the claim, identifying defendant(s), and, as appropriate,

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drafting an amended complaint. On March 1, 2013, plaintiff’s court-appointed counsel filed a

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status report. There, counsel states that he has investigated the matter and is unable to identify

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any individual Sheriff Department personnel who might be a proper defendant in this matter or to

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draft any amended complaint. See Status Report filed March 1, 2013 (ECF No. 23).

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Good cause appearing, the court finds that the limited purpose of counsel’s

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appointment has been completed. Accordingly, pursuant to the terms of the court’s November

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28, 2012 order, counsel’s appointment is terminated. See Order filed November 28, 2012 (ECF

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No. 22) at 2. In light of the findings in counsel’s status report, plaintiff will be ordered to show

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cause in writing why this action should not be dismissed without prejudice due to the failure to

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identify any named individual defendant against whom a cognizable claim might be stated.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Joshua Kaizuka’s limited appointment as counsel for plaintiff is terminated.

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2. Henceforth, plaintiff shall proceed pro se.

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3. Within thirty days from the date of this order plaintiff shall show cause in

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writing why this action should not be dismissed without prejudice due to the failure to identify

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any named individual defendant against whom a cognizable claim might be stated.

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4. The Clerk of the Court is directed to serve a copy of this order upon Joshua

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Kaizuka, Law Offices of Denis White, 901 H Street, Suite 101, Sacramento, California 95814,

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and on Sujean Park, the Court’s ADR and Pro Bono Program Director.

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Dated: April 11, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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