Avina v. Bailey

Full title: MICHAEL AVINA, Plaintiff, v. R. BAILEY, et al., Defendants

Court: United States District Court, E.D. California

Date published: Oct 28, 2008

No. CIV S-08-0020-LKK-CMK-P (E.D. Cal. Oct. 28, 2008)

Opinion

No. CIV S-08-0020-LKK-CMK-P.

October 28, 2008

ORDER

CRAIG KELLISON, Magistrate Judge

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. On October 9, 2008, the court appointed attorney Angelito Remo Sevilla as counsel for plaintiff. In a letter filed with the court on October 21, 2008, counsel informed the court that he is unable to represent plaintiff at this time. Good cause appearing, counsel will be relieved as counsel for plaintiff.

The court will appoint Joseph Wiseman as counsel for plaintiff. This matter remains set for a status/scheduling conference on January 29, 2009 at 10:00 a.m. Plaintiff will be granted additional time to file an amended complaint.

Accordingly, IT IS HEREBY ORDERED that:

1. Attorney Angelito Remo Sevilla is relieved as counsel for plaintiff;

2. Attorney Joseph Wiseman is hereby appointed as counsel for plaintiff.

3. Plaintiff's counsel shall contact the Clerk of the Court to make arrangements for copies of the file;

4. This matter is set for a status/scheduling conference before the undersigned on January 29, 2009 at 10:00 a.m. in the United States District Court in Redding, California;

5. Plaintiff is granted leave to file an amended complaint up to, and including, January 20, 2009;

6. The Clerk of the Court is directed to serve a copy of this order upon Joseph Wiseman, Law Offices of Joseph Wiseman, 1477 Drew Avenue, Suite 106, Davis, California, 95618.