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Johanan Phillip v. Michael J. Astrue

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


October 15, 2012

JOHANAN PHILLIP NELSON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

ORDER

On September 20, 2012, this court issued an order to show cause to attorney Earl Thomas for his failure to respond to all orders in this case, his abandonment of his client, and why he should not be barred from practicing in this court. Mr. Thomas filed an untimely response on October 9, 2012, explaining that he had been having difficulties with the electronic filing system. Mr. Thomas related that his client fired him in January, 2012, and that he "notif[ied] Social Security of my withdrawal immediately." He also stated that he sent plaintiff a written confirmation of the withdrawal for plaintiff's signature and return for submission to the court, but plaintiff never returned the document. Mr. Thomas apologized for his previous missed responses which were due to "computer deficiencies." Mr. Thomas did not explain why he did not file a request for withdrawal with the court in January.

Mr. Thomas is informed that once litigation has commenced, counsel can withdraw only with court permission. E.D. Local Rule 182(d). The court will construe Mr. Thomas' response to the order to show cause as a request to withdraw.*fn1

Accordingly, IT IS ORDERED that:

1. The order to show cause, issued September 20, 2012, is discharged.

2. The Clerk of the Court shall serve this order on all parties, and on Mr. Thomas at his address of record.


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