Magarrell v. Mangis, et al

Filing 184

ORDER signed by Judge Lawrence K. Karlton on 11/17/2011 ORDERING that the court VACATES the scheduled 11/21/2011 hearing on Plaintiff's motions. Plaintiff's motion to withdraw all previous motions filed by Attorney Mark S. Ravis, docketed to be heard on 11/21/2011, 181 , is GRANTED. Plaintiff's motion for a new trial, filed through Plaintiff's counsel of record on 10/19/2011, 173 , is VACATED. Plaintiff's motion to withdraw as attorney of record 180 is GRANTED. P laintiff's motion to proceed in pro per 183 is GRANTED. Defendants are ORDERED to file oppositions to Plaintiff's motions for a mistrial and to vacate the verdict, 178 , and for a permanent injunction, 182 , within fourteen (14) days of the issuance of this order. Plaintiff has seven (7) days to file a reply after the filing of the Defendants' opposition. After receipt of the Defendants' opposition to Plaintiffs motions, as well as Plaintiff's reply, the matter will stand submitted. (Zignago, K.) Modified on 11/17/2011 (Rivas, A).

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 TROY MAGARRELL, NO. CIV. S-04-2634 LKK/DAD P Plaintiff, 11 12 v. O R D E R 13 P. MANGIS, M.D., et al., 14 Defendants. / 15 16 On October 19, 2011, Plaintiff in the above captioned case, 17 through counsel, filed a motion for a new trial, brought pursuant 18 to Federal Rule of Civil Procedure 59. Pl’s Mot., ECF No. 173. A 19 hearing on the motion is currently set for November 21, 2011. 20 On November 14, 2011, the court was informally notified that 21 Plaintiff Troy Magarrell no longer wishes to be represented by his 22 counsel of record. 23 On November 14, 2011, Plaintiff Troy Magarrell, acting in pro 24 per, filed a motion for a mistrial and to vacate the verdict, as 25 well as a notice of appeal, in the event that the motion for a 26 mistrial and to vacate the verdict is denied. 1 Pl’s Mots., ECF. 1 Nos. 178, 179. Plaintiff noticed his motion to be heard on 2 November 21, 2011. 3 On November 14, 2011, Plaintiff Troy Magarrell also filed a 4 motion to withdraw “all previous motions filed by Attorney Mark S. 5 Ravis docketed to be heard on November 21, 2011,” Pl’s Mot., ECF 6 No. 181; a motion to permanently enjoin the medical diet being 7 provided by the California Department of Corrections “that was a 8 part of the complaint,” Pl’s Mot., ECF No. 182; and a motion to 9 proceed in pro per, Pl’s Mot., ECF No. 183. 10 On November 15, 2011, Plaintiff’s counsel of record, Mark 11 Ravis, filed a motion to withdraw as attorney of record for 12 Plaintiff. 13 14 Pl’s Mot., ECF No. 180. Accordingly, the court ORDERS as follows: [1] 15 16 The court VACATES the scheduled November 21, 2011 hearing on Plaintiff’s motions. [2] Plaintiff’s motion to withdraw all previous 17 motions filed by Attorney Mark S. Ravis, docketed 18 to be heard on November 21, 2011, is GRANTED. 19 Plaintiff’s motion for a new trial, filed through 20 Plaintiff’s counsel of record on October 19, 2011, 21 is VACATED. 22 [3] 23 24 25 Plaintiff’s motion to withdraw as attorney of record is GRANTED. [4] Plaintiff’s motion to proceed in pro per is GRANTED. 26 //// 2 1 [2] Defendants are ORDERED to file oppositions to 2 Plaintiff’s motions for a mistrial and to vacate 3 the verdict, and for a permanent injunction, 4 within fourteen (14) days of the issuance of this 5 order. 6 reply after the filing of the Defendants’ 7 opposition. 8 opposition to Plaintiff’s motions, as well as 9 Plaintiff’s reply, the matter will stand 10 Plaintiff has seven (7) days to file a After receipt of the Defendants’ submitted. 11 IT IS SO ORDERED. 12 DATED: November 17, 2011. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3

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