Opinion
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)
BARBARA L. MAJOR, Magistrate Judge.
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. Petitioner's counsel then filed a timely traverse on November 4, 2009.
Petitioner's counsel filed a Notice of Appearance (Doc. No. 37) and then filed a Motion to Amend/Correct Notice of Appearance (Doc. No. 38), which appears to correct the name of the Respondent warden. The Court hereby GRANTS Respondents' motion and orders the Clerk of Court to STRIKE the initial notice (Doc. No. 37) from the record.
By order dated August 27, 2009, this Court granted Petitioner until November 4, 2009, to file a traverse. Doc. No. 33.
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.