Fresquez v. Sloan et al

Filing 26

ORDER granting 21 and 25 Motions to Withdraw as Attorney and Directing Plaintiff to Submit Statement of Intention on or before September 20, 2011. The submission shall be made in writing by mail addressed to Clerk, U. S. District Court, 901 19th Street, Room A 105, Denver, Colorado, 80294-3589. Attorney Joshua Roy Benn and Wade H. Eldridge are withdrawn and their electronic services are terminated, by Judge Richard P. Matsch on 8/23/2011.(rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-01322-RPM
JOSEPH FRESQUEZ,
Plaintiff,
v.
OFFICER STEVEN SLOAN, in his individual and official capacity as a Denver Police officer;
OFFICER RAUL VELASQUEZ, in his individual and official capacity as a Denver Police
officer;
CHIEF GERALD WHITMAN, in his individual and official capacity as Denver Police Chief; and
THE CITY AND COUNTY OF DENVER, COLORADO,
Defendants.

ORDER GRANTING MOTION TO WITHDRAW AND DIRECTING PLAINTIFF TO SUBMIT
STATEMENT OF INTENTION
On August 18, 2011, Joshua Benn filed a motion to withdraw as attorney of record for the
plaintiff and on August 22, 2011, Wade H. Eldridge joined in that motion. In the motion, counsel
state that they believe that the plaintiff’s case will not survive a motion for summary judgment and
ask that counsel be appointed to pursue the case. There is no provision for the appointment of
counsel to represent the plaintiff in this type of civil action and the Court cannot require counsel to
go forward with a case which is not provable in their professional judgment. Accordingly, it is
ORDERED that the motion to withdraw is granted. Joshua Benn and Wade Eldridge have
no further responsibility for the representation of Joseph Fresquez in this civil action and the Clerk
is directed to terminate their electronic service in this case. It is
FURTHER ORDERED that on or before September 20, 2011, Joseph Fresquez shall
submit the statement of his intention in this matter, indicating whether he will seek substitute
counsel or proceed to represent himself or voluntarily dismiss this case. The submission shall be

made in writing by mail addressed to Clerk, U. S. District Court, 901 19th Street, Room A 105

Denver, Colorado, 80294-3589.
DATED: August 23rd, 2011
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge

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