Williams v. Department of Corrections et al

Filing 23

[DISREGARD - DUPLICATE OF 22 ]ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 06/13/11 ordering Robert Biegler shall appear before Magistrate Judg Kendall J. Newman on 06/16/11 at 10:00 a.m. to show cause why he should not be san ctioned for failure to communicate with his client or the court. The clerk of court is directed to serve this order on Robert Biegler electronically and by U.S. Mail at the Biegler Law Firm, 725 University Avenue, Sacramento, California, 95825. (Robert Biegler also served by U.S. Mail)(Plummer, M) Modified on 6/13/2011 (Plummer, M). Modified on 6/13/2011 (Plummer, M).

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PATRICK WILLIAMS 11 Plaintiff, 12 13 No. 2:08-cv-2860 KJN (TEMP) P vs. DEPARTMENT OF CORRECTIONS, et al. 14 Defendants. 15 16 ORDER / Plaintiff is a state prisoner proceeding without counsel, in an action under 42 17 U.S.C. § 1983. On August 16, 2010, the court appointed Robert Biegler as counsel for the 18 limited purpose of assisting plaintiff in the drafting and filing of an amended complaint. See 19 Dkt. # 17. On November 4, 2010, plaintiff notified the court that he had not had any contact with 20 Mr. Biegler since the appointment. See Dkt. # 19. On May 18, 2011, the court gave Mr. Biegler 21 seven days in which to show cause why he should not be sanctioned for failure to comply with 22 court orders and failure to communicate with his client or the court. See Dkt. # 21. Mr. Biegler 23 has not responded to the order to show cause. 24 The court has reviewed the records of the California State Bar Association and the 25 contact information for Mr. Biegler, who remains an active member of the Bar, is the same as the 26 contact information used by the court to notice him of his appointment and obligations as counsel 1 1 for plaintiff. The court therefore has no reason to find that Mr. Biegler has not been apprised of 2 his appointment and all of the court’s orders since August 16, 2010. 3 In light of these circumstances, the court orders Robert Biegler to appear at a 4 hearing before the undersigned on June 16, 2011, at 10:00 a.m., to show cause why he should not 5 be sanctioned for failure to comply with court orders and failure to communicate with his client 6 or the court. 7 Accordingly, IT IS HEREBY ORDERED that Robert Biegler shall appear before 8 Magistrate Judge Kendall J. Newman on June 16, 2011, at 10:00 a.m., in Courtroom 25, to show 9 cause why he should not be sanctioned for failure to comply with court orders and failure to 10 communicate with his client or the court. The Clerk of Court is directed to serve this order on 11 Robert Biegler electronically and by U.S. Mail at The Biegler Law Firm, 725 University Avenue, 12 Sacramento, California 95825. 13 DATED: June 13, 2011 14 15 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 16 17 will2860.ord 18 19 20 21 22 23 24 25 26 2

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