Giraldes v. Beard

Filing 30

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/11/2015 ORDERING plaintiff's counsel shall file a response to plaintiff's assertions, within 30 days.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY GIRALDES,

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Plaintiff,

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No. 2:14-cv-1780 CKD P

v.

ORDER

JEFFREY BEARD,

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Defendant.

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Plaintiff is a state prisoner proceeding in forma pauperis with an action filed pursuant to

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42 U.S.C. § 1983. Plaintiff was appointed counsel on March 11, 2015. (ECF No. 18.) On July

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15, 2015, plaintiff filed a motion for substitution of counsel. (ECF No. 29.) He asserts that

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“serious and irreconcilable conflict” exists between him and his attorney. (Id.) Plaintiff further

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asserts that “[t]he outcome desired by counsel, and the outcome desired by plaintiff, are at odds”

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and requests that the court appoint another attorney to represent him. (Id.)
The decision of the court to allow a motion for substitution or withdrawal of counsel is

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discretionary. United States v. Carter, 560 F.3d 1107, 1113 (9th Cir. 2009). However, court

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discretion must be based on an inquiry into the request for substitute counsel. United States v.

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Musa, 220 F.3d 1096, 1102 (9th Cir. 2000). The Ninth Circuit held that a lack of any inquiry is

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an abuse of discretion. United States v. Ibanez-Espinosa, 284 F. App’x 490, 492 (9th Cir. 2008).

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Accordingly, IT IS HEREBY ORDERED THAT within thirty days of the date of this

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order, plaintiff’s counsel will file a response to plaintiff’s assertions.

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Dated: August 11, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2/gira1780.atty

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