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Armstrong v. Siskiyou County Sheriff's Dep't

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


December 7, 2009

JERRY ARMSTRONG, PLAINTIFF,
v.
SISKIYOU COUNTY SHERIFF'S DEPARTMENT; BEHR THARSING; ROBERT STEWART, DEFENDANTS.

The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr.

COUNSEL FOR PLAINTIFF'S MOTION TO WITHDRAW AS COUNSEL OF RECORD AND PROPOSED ORDER

In an order filed June 6, 2008, U.S. Magistrate Judge Gregory G. Hollows found that this case was one where appointment of counsel was appropriate, pursuant to the Court's pro bono civil rights panel. Thereafter, in an order filed July 17, 2008, the Court appointed undersigned counsel John Balazs and Joseph Wiseman to represent plaintiff Jerry Armstrong. In an order filed November 30, 2009, the district court granted defendants' motion for summary judgment and dismissing third party plaintiffs' complaint. Judgment was entered on December 1, 2009.

Counsel for Armstrong now move to withdraw as counsel of record for Mr. Armstrong. Counsel was appointed before discovery was completed. Counsel represented Mr. Armstrong through factual development of his claims, including the depositions of plaintiff, two defendants, and the third-party defendant. Counsel also prepared and filed an opposition to defendants' motion for summary judgment. Now that the Court has granted defendants' motion for summary judgment, counsel believe that further representation of plaintiff is no longer warranted under the district's civil rights pro bono panel and request leave to withdraw as counsel of record. Appointment in this civil action is discretionary. Mr. Armstrong has advised counsel he seeks to appeal the judgment against him. Counsel will cooperate with Mr. Armstrong and will assist him in filing a pro se notice of appeal as he desires.

For these reasons, counsel John Balazs and Joseph Wiseman move to withdraw from continued representation of Mr. Armstrong under the district's civil rights pro bono panel.

ORDER

IT IS SO ORDERED.

GARLAND E. BURRELL, JR. United States District Judge

20091207

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