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Dixon v. Adams

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


November 4, 2009

BENNIE DIXON, PETITIONER,
v.
DERRAL G. ADAMS, WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Barbara L. Major United States Magistrate Judge

ORDER: (1) GRANTING MOTION TO AMEND/CORRECT NOTICE OF APPEARANCE (Doc. No. 38), (2) STRIKING PRIOR NOTICE OF APPEARANCE (Doc. No. 37), (3) ACCEPTING TRAVERSE (Doc. No. 39), AND (4) STRIKING PRIOR TRAVERSE (Doc. No. 35)

Petitioner initiated this action in pro per and filed his First Amended Complaint in that capacity. Respondents filed an answer to that complaint and, on October 16, 2009, Petitioner filed a timely traverse.

On October 29, 2009, Petitioner obtained counsel. See Doc. No. 38, Ex. 1. Counsel entered an appearance on Petitioner's behalf on November 2, 2009.*fn1 Petitioner's counsel then filed a timely traverse on November 4, 2009.*fn2

Petitioner can have only one operable traverse. Because Petitioner obtained counsel after filing his pro se traverse, the Court accepts the latest traverse filed by counsel as the operable traverse and orders the pro se traverse (Doc. No. 35) STRICKEN from the record.

IT IS SO ORDERED.


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