Iqbal v. United States Citizen and Immigration Services et al

Filing 35

ORDER signed by Chief Judge Morrison C. England, Jr on 9/8/14 DENYING 34 Proposed Substitution of Attorney. Plaintiff's counsel is directed to file either a properly noticed motion to withdraw or a statement indicating that counsel will continue to represent Plaintiff within 10 days. The 33 Request for Status is DENIED as moot. The 9/18/14 hearing is VACATED. (Manzer, C)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NAZIA JABEEN IQBAL, 12 Plaintiff, 13 14 15 No. 2:13-CV-01272-MCE-AC v. ORDER UNITED STATES CITIZEN AND IMMIGRATION SERVICES, et al., Defendants. 16 17 Presently before the Court are Defendants’ Request for Status of Plaintiff’s 18 Counsel (ECF No. 33) and Plaintiff’s Proposed Substitution of Attorney (ECF No. 34), by 19 which counsel seeks to withdraw, leaving Plaintiff in propria persona. Plaintiff’s counsel 20 previously filed a notice of withdrawal (ECF No. 29), which was rejected by this Court via 21 minute order (ECF No. 30) for failure to comply with the local rules. Among other things, 22 those rules mandate that “an attorney who has appeared may not withdraw leaving the 23 client in propria persona without leave of court upon noticed motion and notice to the 24 client and all other parties who have appeared.” E.D. Cal. Local Rule 182(d). 25 /// 26 /// 27 /// 28 /// 1 1 Despite having been specifically advised of the requirements for filing motion to 2 withdraw, Plaintiff’s current request still fails to comply with the local rules. Accordingly, 3 Plaintiff’s Proposed Substitution of Attorney (ECF No. 34) is DENIED. Not later than ten 4 (10) days following the date this order is electronically filed, Plaintiff’s counsel is directed 5 to file either: (1) a properly noticed motion to withdraw that conforms with the local rules, 6 the Federal Rules of Civil Procedure, and the Rules of Professional Conduct of the State 7 Bar of California; or (2) a statement indicating that counsel will continue to represent 8 Plaintiff. Failure to comply with this Order will result in the imposition of sanctions upon 9 no further notice to the parties. Defendants’ Request for Status of Counsel (ECF No. 33) 10 is DENIED as moot, and the hearing currently set for 2:00 p.m. on Thursday, 11 September 18, 2014, is VACATED. 12 IT IS SO ORDERED. 13 Dated: September 8, 2014 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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