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Funtanilla v. Kelly

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


December 12, 2008

GREGORIO FUNTANILLA, JR., PLAINTIFF,
v.
KAREN KELLY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Pending before the court is the October 15, 2008, motion filed by plaintiff's counsel to withdraw. On October 27, 2008, defendants filed a statement of non-opposition to this motion. On December 3, 2008, plaintiff himself filed an opposition. In his opposition, plaintiff states that he does not have a "personality clash" with his lawyer, although he believes that counsel is inexperienced, overwhelmed and not up to speed. Plaintiff states that his opposition was prepared after consulting with jailhouse lawyer W. Berry. The court also observes that on October 1, 2008, plaintiff himself filed a summary judgment motion.

Based on counsel's steadfast belief that he cannot continue to litigate this case on plaintiff's behalf, plaintiff's reservations regarding counsel's ability to represent him as well as his demonstrated ability to litigate this action himself, the court will grant counsel's motion to withdraw.

The parties are ordered below to file oppositions to the pending summary judgment motions. No requests for extension of time will be granted but for a showing of substantial cause.

Accordingly, IT IS HEREBY ORDERED that:

1. Counsel's October 20, 2008, motion to withdraw (no. 175) is granted; the Clerk of Court shall remove David Springfield from the record as plaintiff's counsel; plaintiff shall now proceed in pro se;

2. Defendants' opposition to plaintiff's summary judgment motion is due within thirty days of the date of this order;

3. Within five days of the date of this order, defendants shall serve plaintiff with their summary judgment motion and file proof of service; plaintiff's opposition is due thirty days thereafter;

4. No requests for extension of time will be granted but for a showing of substantial cause.

20081212

© 1992-2008 VersusLaw Inc.



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