Filed: Jun. 29, 2018
Latest Update: Jun. 29, 2018
Summary: ORDER EDMUND F. BRENNAN , District Judge . Movant is a federal prisoner proceeding with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. He was represented by counsel Barry Morris on two of his claims, specifically those relating to ineffective assistance of trial counsel and those arising under Johnson v. United States, 135 S.Ct. 2251 (2016). He has filed a notice and motion wherein he articulates his intent to terminate Mr. Morris as counsel. ECF No.
Summary: ORDER EDMUND F. BRENNAN , District Judge . Movant is a federal prisoner proceeding with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. He was represented by counsel Barry Morris on two of his claims, specifically those relating to ineffective assistance of trial counsel and those arising under Johnson v. United States, 135 S.Ct. 2251 (2016). He has filed a notice and motion wherein he articulates his intent to terminate Mr. Morris as counsel. ECF No. 3..
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ORDER
EDMUND F. BRENNAN, District Judge.
Movant is a federal prisoner proceeding with a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He was represented by counsel Barry Morris on two of his claims, specifically those relating to ineffective assistance of trial counsel and those arising under Johnson v. United States, 135 S.Ct. 2251 (2016). He has filed a notice and motion wherein he articulates his intent to terminate Mr. Morris as counsel. ECF No. 393. Movant states that he has recently filed a motion for relief under Rule 60(b) which takes issue with Mr. Morris' representation (ECF No. 392) and that "irreconcilable differences" have arisen between client and counsel, which include a breakdown in communication. ECF No. 393 at 1. Movant requests that the court direct the government to send any future pleadings directly to him by conventional mail. Id. at 2.
It is well settled that, in California, a client has an absolute right to terminate an attorney at any time — with or without cause. See FSLIC v. Angell, Holmes, & Lea, 838 F.2d 395, 396 (9th Cir. 1988) (citing Fracasse v. Brent, 6 Cal.3d 784, 100 Cal.Rptr. 385, 494 P.2d 9 (1972)). Thus, it is ORDERED that:
1. Movant's motion (ECF No. 393) is GRANTED;
2. Pursuant to the notice of termination, the Clerk of Court shall terminate Barry Morris as attorney of record for Will Moss, Jr.; and
3. The government shall serve all future pleadings directly on Mr. Moss by mail.
