Cook v. County of Contra Costa

Filing 81

ORDER Granting 76 Plaintiff's Motion for Substitution of Counsel. Amended complaint due by 08/01/17. Signed by Judge Thelton E. Henderson on 06/30/17. (tehlc1, COURT STAFF) (Filed on 6/30/2017) Modified on 6/30/2017 (tehlc1, COURT STAFF).

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DAVID COOK, Plaintiff, 9 10 United States District Court Northern District of California 11 12 v. DAVID O'LIVINGSTON, et al., Case No. 15-cv-05099-TEH ORDER GRANTING PLAINTIFF'S MOTION FOR SUBSTITUTION OF COUNSEL Defendants. 13 14 This case was referred to Magistrate Judge Spero for a report and recommendation 15 on whether the Court should approve Plaintiff’s request to substitute himself in pro per in 16 place of his counsel. Judge Spero’s report was completed on June 6, 2017 and served on 17 Plaintiff by mail on June 8, 2017. No objections to the report and recommendation have 18 been received, and the period for filing such objections has now expired. See Fed. R. Civ. 19 P. 72(b)(2) (allowing fourteen-day period after service for filing objections); Fed. R. Civ. 20 P. 6(d) (allowing three additional days following service by mail). 21 The Court hereby accepts Judge Spero’s recommendations in their entirety. With 22 good cause appearing, Plaintiff’s motion for substitution is GRANTED. John C. Maples is 23 relieved from the case and Plaintiff is allowed to proceed by representing himself. 24 Plaintiff is advised to carefully review the Court’s February 16, 2017 order and 25 begin discovery on the identity of the nurses and correctional officers who failed to 26 respond to his requests for medical care. ECF No. 61. He may refer to self-help resources 27 on the Court’s website, located at, and he may contact the 28 Court’s help desk at 415-782-8982. The deadline for filing an amended complaint is 1 hereby extended to August 1, 2017. If Plaintiff does not file an amended complaint by that 2 date, the case will be dismissed. 3 4 IT IS SO ORDERED. 5 6 7 Dated: 06/30/17 _____________________________________ THELTON E. HENDERSON United States District Judge 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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