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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID COOK,
Plaintiff,

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United States District Court
Northern District of California

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v.
DAVID O'LIVINGSTON, et al.,

Case No. 15-cv-05099-TEH
ORDER GRANTING PLAINTIFF'S
MOTION FOR SUBSTITUTION OF
COUNSEL

Defendants.

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This case was referred to Magistrate Judge Spero for a report and recommendation

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on whether the Court should approve Plaintiff’s request to substitute himself in pro per in

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place of his counsel. Judge Spero’s report was completed on June 6, 2017 and served on

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Plaintiff by mail on June 8, 2017. No objections to the report and recommendation have

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been received, and the period for filing such objections has now expired. See Fed. R. Civ.

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P. 72(b)(2) (allowing fourteen-day period after service for filing objections); Fed. R. Civ.

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P. 6(d) (allowing three additional days following service by mail).

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The Court hereby accepts Judge Spero’s recommendations in their entirety. With

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good cause appearing, Plaintiff’s motion for substitution is GRANTED. John C. Maples is

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relieved from the case and Plaintiff is allowed to proceed by representing himself.

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Plaintiff is advised to carefully review the Court’s February 16, 2017 order and

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begin discovery on the identity of the nurses and correctional officers who failed to

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respond to his requests for medical care. ECF No. 61. He may refer to self-help resources

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on the Court’s website, located at https://cand.uscourts.gov/pro-se, and he may contact the

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Court’s help desk at 415-782-8982. The deadline for filing an amended complaint is

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hereby extended to August 1, 2017. If Plaintiff does not file an amended complaint by that

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date, the case will be dismissed.

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IT IS SO ORDERED.

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Dated: 06/30/17

_____________________________________
THELTON E. HENDERSON
United States District Judge

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United States District Court
Northern District of California

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