Ewalan v. Schreiber

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE

9 10 JOSEPH LOCHUCH EWALAN, CASE NO. C20-5678JLR 11 Plaintiff, ORDER v. 12 WASHINGTON STATE 13 DEPARTMENT OF CORRECTIONS, et al., 14 15 Defendants.

16 Before the court are Plaintiff Joseph Lochuch Ewalan’s motions (1) to order the 17 Department of Corrections (“DOC”) to transport Mr. Ewalan (Transport Mot. (Dkt. 18 # 126)); (2) for leave to file additional evidence (Evid. Mot. (Dkt. # 127)); and (3) for a 19 preliminary or permanent injunction against prison secretary Cheryl Strange (Inj. Mot. 20 (Dkt. # 128)). Mr. Ewalan, who has proceeded pro se and in forma pauperis throughout 21 this litigation, filed each of these motions on his own behalf. (See Dkt.) The court 22 appointed pro bono counsel, Brennen Johnson, to represent Mr. Ewalan on February 16, 1 2023, per this District’s Pro Bono Plan. (See 2/16/23 Order (Dkt. # 125) (citing General 2 Order No. 16-20, Section 4(b) (Dec. 8, 2020)).) In that order, the court directed Mr.

3 Johnson to either file a motion for relief from appointment immediately if he was unable 4 to accept the appointment or enter a Notice of Appearance by March 1, 2023. (Id. at 2.) 5 In light of the court’s order appointing Mr. Johnson to represent Mr. Ewalan, the 6 court DENIES without prejudice Mr. Ewalan’s motions (1) to order DOC to transport 7 Mr. Ewalan (Dkt. # 126), (2) for leave to file additional evidence (Dkt. # 127), and (3) for 8 a preliminary or permanent injunction against prison secretary Cheryl Strange (Dkt.

9 # 128). Mr. Johnson may refile these motions on Mr. Ewalan’s behalf, if at all. 10 Alternatively, if Mr. Johnson is relieved from appointment, Mr. Ewalan may refile the 11 motions, if at all, on his own behalf after such relief is granted. 12 The court cautions Mr. Ewalan that once he is represented by counsel, he may not 13 appear, file motions, or otherwise act on his own behalf without leave of the court. See,

14 e.g., U.S. v. Bergman, 813 F.2d 1027, 1030 (9th Cir. 1987) (finding “no error” in district 15 court’s refusal to acknowledge pro se filings by a represented party); see also Local 16 Rules W.D. Wash. LCR 83.2(b)(5) (forbidding a party represented by an attorney from 17 acting on its own behalf). 18 Dated this 22nd day of February, 2023.

19 A 20 21 JAMES L. ROBART United States District Judge 22