Hoffman v. United States of America

Filing 27

ORDER: Pursuant to the Court's 11/14/07 Order ( 23 ), Petitioner Liza Hoffman is deemed as proceeding pro se. Petitioner shall file any opposition to the Motion to Dismiss and for Summary Judgment ( 9 ) on or before 2/19/08. In the event that Pe titioner "no longer wishes to pursue litigation on this matter," Petitioner may file a Motion for Voluntary Dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure on or before 2/19/08. The Court will rule thereafter. Signed by Judge William Q. Hayes on 2/6/08. (mdc)

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Hoffman v. United States of America Doc. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HAYES, Judge: On February 9, 2007, Petitioner Liza Hoffman filed a Motion for Return of Seized Property. (Doc. # 1). On May 7, 2007, Respondent the United States of America filed a Motion to Dismiss and for Summary Judgment. (Doc. # 9). The hearing date for the Motion to Dismiss and for Summary Judgment was extended to October 15, 2007. (Doc. # 16). On October 1, 2007, Hoffman's Attorney Patrick Hall filed a Motion to Withdraw as Attorney. (Doc. # 17). On October 16, 2007, the Court granted the Motion to Withdraw as Attorney. (Doc. # 21). On November 14, 2007, the Court issued an Order providing that Hoffman "has 30 days to obtain new counsel. If Plaintiff does not respond to this Order by December 17, 2007, the Court will deem Plaintiff as proceeding pro se." (Doc. # 23). On November 30, 2007, Attorney Hall filed a Motion to Withdraw the Motion for Return of Seized Property and Request for Dismissal of Action, which stated that Hoffman "no longer wishes to pursue litigation on this matter and therefore is requesting that this action be dismissed," and that the United States "has no objection to this request." (Doc. # 24). On December 4, 2007, -1LIZA HOFFMAN, vs. UNITED STATES OF AMERICA, Petitioner, CASE NO. 07cv273 WQH (LSP) ORDER UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Respondent. 07cv273 WQH (LSP) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Court denied the Motion to Withdraw the Motion for Return of Seized Property and Request for Dismissal of Action "on grounds that Attorney Patrick Hall has not obtained permission of the Court to make a special appearance for purposes of this Motion." (Doc. # 25). IT IS HEREBY ORDERED that pursuant to the Court's November 14, 2007 Order, Petitioner Liza Hoffman is deemed as proceeding pro se. Petitioner shall file any opposition to the Motion to Dismiss and for Summary Judgment on or before Tuesday, February 19, 2008. In the event that Petitioner "no longer wishes to pursue litigation on this matter," Petitioner may file a Motion for Voluntary Dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure on or before Tuesday, February 19, 2008. The Court will rule thereafter. DATED: February 6, 2008 WILLIAM Q. HAYES United States District Judge -2- 07cv273 WQH (LSP)

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