Filed: Sep. 12, 2018
Latest Update: Sep. 12, 2018
Summary: ORDER VACATING HEARING, DENYING PLAINTIFF'S REQUEST FOR CALL, GRANTING PLAINTIFF AN EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT, AND DIRECTING ATTORNEY STANLEY SILVER TO RETURN PLAINTIFF'S CASE FILE (EFC NOS. 137 & 139) ORDER DIRECTING CLERK TO SEND A COPY OF THIS ORDER AND PLAINTIFF'S MOTION (ECF NO. 139) TO STANLEY SILVER ERICA P. GROSJEAN , Magistrate Judge . Mario Gonzalez ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil right
Summary: ORDER VACATING HEARING, DENYING PLAINTIFF'S REQUEST FOR CALL, GRANTING PLAINTIFF AN EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT, AND DIRECTING ATTORNEY STANLEY SILVER TO RETURN PLAINTIFF'S CASE FILE (EFC NOS. 137 & 139) ORDER DIRECTING CLERK TO SEND A COPY OF THIS ORDER AND PLAINTIFF'S MOTION (ECF NO. 139) TO STANLEY SILVER ERICA P. GROSJEAN , Magistrate Judge . Mario Gonzalez ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights..
More
ORDER VACATING HEARING, DENYING PLAINTIFF'S REQUEST FOR CALL, GRANTING PLAINTIFF AN EXTENSION OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT, AND DIRECTING ATTORNEY STANLEY SILVER TO RETURN PLAINTIFF'S CASE FILE
(EFC NOS. 137 & 139)
ORDER DIRECTING CLERK TO SEND A COPY OF THIS ORDER AND PLAINTIFF'S MOTION (ECF NO. 139) TO STANLEY SILVER
ERICA P. GROSJEAN, Magistrate Judge.
Mario Gonzalez ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.
On July 2, 2018, Plaintiff filed a letter indicating that he had retained attorney Stanley Silver to represent him in this case. (ECF No. 124). On September 4, 2018, Plaintiff filed a request for the Court to allow him to speak with his attorney via telephone or to have a hearing on the matter. (ECF No. 137). Also pending was Defendants' motion for summary judgment, which was filed on June 25, 2018 (ECF No. 123), and which Plaintiff had not opposed.
Accordingly, the Court set a conference to discuss the status of the case, in order to determine if Plaintiff is represented and to confirm whether Plaintiff intends to oppose the pending motion for summary judgment. (ECF No. 138).
On September 10, 2018, Plaintiff filed a motion with the Court. (ECF No. 139). Plaintiff requests his case file back from Mr. Silver, and asks for a sixty-day extension of time to oppose Defendants' motion for summary judgment. He also states that he wishes to invoke his pro se rights.
Based on Plaintiff's motion filed on September 10, 2018, it appears that Mr. Silver no longer represents Plaintiff in this case, and that Plaintiff does intend to oppose Defendants' motion for summary judgment pro se. Given this, the Court will vacate the status conference. Additionally, as Mr. Silver does not represent Plaintiff at this time, the Court will deny Plaintiff's request for a phone call with Mr. Silver (ECF No. 137).
As there were issues regarding whether Plaintiff was represented, the Court finds good cause to grant Plaintiff's request for a sixty-day extension of time to oppose Defendants' motion for summary judgment.1
Finally, because Plaintiff needs his case file to respond to Defendants' motion for summary judgment, and because Mr. Silver has an ethical obligation to return the case file,2 the Court will direct Mr. Silver to return Plaintiff's case file.
Accordingly, Stanley Silver is DIRECTED to return Plaintiff's case file.3
Additionally, IT IS ORDERED that:
1. The status conference set for September 24, 2018, at 1:30 PM is VACATED;
2. Plaintiff's request for the Court to allow him to speak with his attorney via telephone or to have a hearing on the matter is DENIED;
3. Plaintiff has sixty days from the date of service of this order to respond to Defendants' motion for summary judgment; and
4. The Clerk of Court is directed to serve a copy of this order and Plaintiff's motion filed on September 10, 2018 (ECF No. 139), on: Stanley Silver, 444 S Brand Blvd #203, San Fernando, CA 91340-3619.
IT IS SO ORDERED.
