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Topic: Response to motion /dismiss without my plaintiff consent...

Created on: 11/10/22 09:09 PM

Replies: 0

GREGORY37


Joined: 11/10/22

Posts: 1

Response to motion /dismiss without my plaintiff consent...
11/10/22 9:09 PM

First post here, thanks in advance your comments.

My attorney ducked my calls for 2 days before our response to the defense (motion to dismiss) was due. Reading the course today, evidence is sooo important, however He randomly submitted only 1 of my 10 exhibits (all public legislative testimony) with no opportunity to discuss. The response was filed without my consent on 11.4.22 and also stated no objection to the dismissal of the officer's official capacity claim... ( officer was commissioner of the state department of education and department)

The claim is both equity and injunctive, was filed against defendants in the state superior court, of which the defense motioned to move to the federal jurisdiction. ( 11A waiver ? )

The claim was both official and personal capacity claims of 1st Amendment/ 14th Amendment violations under section 1983.

Question: what are my options to objecting to my own attorney's filing of the response without my consent ? Pro-SE and then complaint to the court ? Complaint to the court while keeping that attorney on the hot-seat in the court as my representative ?

I feel comfortable with the content of the case and this course was amazingly helpful, it's the procedural areas that cause for concern.

I likely have 3-4 days to change the status of the filed response.
The court is moving slow and i suspect my attorney has personal relationship with either the state AG or other in the court....
Thoughts ??? Suggestions ???

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