Rivera v. Frakes et al

Filing 21

MEMORANDUM AND ORDER - The 20 Motion to Withdraw as Attorney is denied without prejudice to reassertion in a motion that includes a full explanation of the reasons why the Attorney General's Office is unable to represent Defendant under § 81-8,239.06. If it is in their best interests to do so, counsel may file the motion under seal with the court. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DENYS ALEXANDER RIVERA,
Plaintiff,

4:16CV3180

vs.
RANDY WARE, Case Worker;

MEMORANDUM
AND ORDER

Defendant.
This matter is before the court on a Motion to Withdraw filed by Douglas J.
Peterson, Nebraska Attorney General, and Stephanie Caldwell, Assistant Attorney
General, attorneys of record for Defendant Randy Ware in his individual capacity.
(Filing No. 20.) Counsel informs the court, “Pursuant to Neb. Rev. Stat. § 818,239.06, the Attorney General’s Office is unable to provide representation to
Defendant Randall Ware.” This explanation is insufficient for the court to allow
withdrawal. Counsel must provide the court with a full explanation of the reasons
why the Attorney General’s Office is unable to represent Defendant under § 818,239.06.
IT IS THEREFORE ORDERED that: The Motion to Withdraw (Filing No.
20) is denied without prejudice to reassertion in a motion that includes a full
explanation of the reasons why the Attorney General’s Office is unable to
represent Defendant under § 81-8,239.06. If it is in their best interests to do so,
counsel may file the motion under seal with the court.
Dated this 3rd day of August, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge