(PC) Wilbanks v. Tappen ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN WILBANKS, No. 2:21-cv-0026 KJM KJN P 12 Plaintiff, 13 v. ORDER 14 T. TAPPEN, 15 Defendant. 16 17 Plaintiff is a state prisoner, proceeding in forma pauperis. On January 10, 2024, appointed 18 counsel for plaintiff filed a notice of conclusion of limited scope representation. Pursuant to the 19 court’s April 10, 2023 order, counsel was appointed for the limited purpose of completing 20 discovery, which terminated upon the expiration of the discovery deadline on October 13, 2023. 21 No discovery issues remain, and defendant has filed a motion for summary judgment. Therefore, 22 plaintiff is returned to pro se status, and is advised that he must file an opposition to the pending 23 motion for summary judgment within twenty-one days as required under Local Rule 230(l). (See 24 also ECF No. 44 at 6.) Defendant provided plaintiff contemporaneous notice of the requirements 25 for filing an opposition under Rule 56 of the Federal Rules of Civil Procedure. (ECF No. 58-2) 26 (citing Rand v. Rowland, 154 F.3d 952, 962-63 (9th Cir. 1998) (en banc). 27 //// 28 //// ] Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of the Court is directed to terminate plaintiff's representation by counsel 3 || Benjamin J. Codog III and Bryan L. Hawkins effective October 13, 2023 (ECF No. 50, 57). 4 2. Plaintiff now proceeds pro se, and is currently housed at California State Prison, 5 || Sacramento, P.O. Box 290066, Represa, CA 95671-0066. 6 3. Plaintiff is reminded of his obligation to oppose defendant’s January 12, 2024 motion 7 || for summary judgment (ECF No. 58) within twenty-one days from the date it was filed. 8 4. Unsigned affidavits or declarations will be stricken, and affidavits or declarations not 9 || signed under penalty of perjury have no evidentiary value. 10 5. Each party proceeding without counsel shall keep the court informed of a current 11 || address at all times while the action is pending. Any change of address must be reported 12 || promptly to the court in a separate document captioned for this case and entitled “Notice of 13 || Change of Address.” A notice of change of address must be properly served on other parties. 14 || Service of documents at the address of record for a party is fully effective. See L-R. 182(f). A 15 || party’s failure to inform the court of a change of address may result in the imposition of sanctions 16 || including dismissal of the action. 17 6. The failure of any party to comply with this order, the Federal Rules of Civil 18 || Procedure, or the Local Rules of Court, may result in the imposition of sanctions including, but 19 | not limited to, dismissal of the action or entry of default. See Fed. R. Civ. P. 41(b). 20 || Dated: January 17, 2024 Aectl Aharon 22 KENDALL J. NE UNITED STATES MAGISTRATE JUDGE 23 jvilboo26.term 24 25 26 27 28