Harris v. Fernan et al

Filing 45

ORDER signed by Magistrate Judge Kendall J. Newman on 7/11/2018 DENYING without prejudice plaintiff's 44 request. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WAYDE HOLLIS HARRIS, 12 Plaintiff, 13 14 No. 2:17-cv-0680 TLN KJN P v. ORDER S. KERNAN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding through limited purpose counsel. On July 9, 2018, 18 plaintiff wrote the undersigned to complain that despite his letters, and his family’s phone calls to 19 plaintiff’s counsel, plaintiff has not yet been contacted by appointed counsel. Plaintiff claims he 20 feels “abandoned” by counsel, and asks the court to have counsel contact plaintiff or have new 21 counsel appointed to represent plaintiff “as soon as possible.” (ECF No. 44 at 1.) While the court appreciates plaintiff’s concern, he is reminded that counsel was appointed 22 23 from our court’s Pro Bono Program, and counsel volunteers his time, serving without any 24 compensation. Such lawyers are carefully screened to ensure their competence, and provide such 25 representation in addition to their otherwise busy legal practices. The settlement conference in 26 this action is not scheduled until September 25, 2018. If by late August plaintiff has not heard 27 //// 28 1 1 from counsel, the court would entertain plaintiff’s request to relieve counsel.1 But plaintiff is 2 cautioned that any request to relieve counsel would result in plaintiff’s return to pro se status 3 inasmuch as the court has a limited pool of such resources in these civil rights actions. 4 Accordingly, IT IS HEREBY ORDERED that plaintiff’s request (ECF No. 44) is denied 5 without prejudice. 6 Dated: July 11, 2018 7 8 /cw/harr0680.pb 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 This is an exception to the stay of this action imposed on February 13, 2018, which prohibits the filing of pleadings or other documents during the stay. (ECF No. 32 at 2-3.) 2

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