Rushdan v. Hamkar et al

Filing 98

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/20/2014 GRANTING Ms. Toor's 96 motion to withdraw as attorney; and the Clerk shall send a copy of this order to the court's Alternative Dispute Resolution Division, so that substitute of counsel may be appointed as soon as practicable. (cc: ADR) (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

ROBERT STANLEY WOODS,

12

No. 2:12-cv-0562 MCE CKD P

Plaintiff,

13

v.

14

HAMKAR, et al.,

15

ORDER

Defendants.

16
17
18

This prisoner civil rights action brought pursuant to 42 U.S.C. § 1983 proceeds on the

19

First Amended Complaint filed March 14, 2014. (ECF No. 65.) On December 23, 2013, attorney

20

Manmeet Toor was appointed to represent plaintiff. (ECF No. 60.) Before the court is Ms.

21

Toor’s November 7, 2014 motion to withdraw as attorney for plaintiff. (ECF No. 96.)

22

Eastern District of California Civil Local Rule 182(d) authorizes an attorney to withdraw

23

as counsel of record so long as he or she (1) provides advance written notice to the client and all

24

other parties in the action and (2) obtains leave of court. Withdrawal as attorney is governed by

25

the Rules of Professional Conduct of the State Bar of California, and the attorney shall conform to

26

the requirements of those Rules. Id. Permission to withdraw is discretionary. See LaGrand v.

27

Stewart, 133 F.3d 1253, 1269 (9th Cir. 1998).

28
1

1

Here, Ms. Toor has provided advance notice of her intent to withdraw. (See ECF No. 96.)

2

In addition, the request to withdraw appears to be supported by good cause, as Ms. Toor is no

3

longer employed by the Sikh Alliance and is discontinuing representation of all her clients. (See

4

id.) The court therefore will grant Ms. Toor’s request to withdraw.

5

Accordingly, IT IS HEREBY ORDERED THAT:

6

1. Ms. Toor’s motion to withdraw as attorney (ECF No. 96) is granted; and

7

2. The Clerk of Court is directed to send a copy of this order to the court’s Alternative

8

Dispute Resolution Division, Attention: Sujean Park, so that substitute counsel may be appointed

9

as soon as practicable.

10

Dated: November 20, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

11
12
13
14
15
16
17

2 / wood0562.withdraw

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