Fuller v. Evans et al

Filing 127

ORDER DIRECTING RESPONSE FROM PLAINTIFFS COUNSEL. Reset Deadline as to 126 MOTION to Withdraw : Responses due by 5/29/2018. Signed by Judge Haywood S. Gilliam, Jr. on 5/23/2018. (ndrS, COURT STAFF) (Filed on 5/23/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BRUCE L. FULLER,
Plaintiff,

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J. EVANS, et al.,

Re: Dkt. No. 126

Defendants.

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United States District Court
Northern District of California

ORDER DIRECTING RESPONSE
FROM PLAINTIFF’S COUNSEL

v.

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Case No.14-cv-00304-HSG

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Plaintiff Bruce Fuller was proceeding pro se in this case until August 1, 2017, when the

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Court appointed pro bono counsel. See Dkt. No. 99. Because Plaintiff is represented, only his

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attorneys should be in communication with the Court. See U.S. v. Mujahid, 799 F.3d 1228, 1236

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(9th Cir. 2015) (finding that district court acted within its discretion in declining to grant request

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made pro se by a litigant who was then represented by counsel); McCullogh v. Graber, 726 F.3d

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1057, 1059 n.1 (9th Cir. 2013) (declining to consider pro se filings by a represented plaintiff);

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Greenspan v. IAC/Interactivecorp, No. 14-cv-04187-RMW, 2016 WL 9185281, at *1 n.1 (“Pro se

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filings by a represented party are improper.”) (N.D. Cal. May 5, 2016) (citing U.S. v.

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Gwiazdzinski, 141 F.3d 784, 787 (7th Cir. 1998) and Mitchell v. Senkowski, 489 F. Supp. 2d 147,

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150 (N.D.N.Y. 2006)). Nevertheless, on May 18, 2018, Plaintiff—apparently intending to act pro

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se—filed a motion to withdraw the civil complaint against Defendants, requesting that the court

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“vacate any[] and all further proceedings pertaining to this matter.” See Dkt. No. 126 at 1

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(original emphasis).

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The Court DIRECTS counsel for Plaintiff to respond to the May 18 filing. Plaintiff’s
counsel shall file a response of no more than three pages by May 29, 2018.
IT IS SO ORDERED.
Dated: 5/23/2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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