Charles Edward Lincoln, pro se 603 Elmwood Place, Suite #6 Austin, Texas Tel:

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1 Diane Beall, fka Templin, Attorney-At-Law California Bar # Advocate s Law and Real Estate S. Escondido Boulevard Escondido, California Office: attorneydianebeall@gmail.com Charles Edward Lincoln, pro se 0 Elmwood Place, Suite # Austin, Texas 0 Tel: lincoln_for_california@rocketmail.com Charles Edward Lincoln, III, et al., Plaintiffs, v. The State of California, et al., Defendants. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION-SANTA ANA Case No.: :0 cv 0 DOC E Ex-Parte Application to Substitute Attorney Diane Beall Templin as representative for Charles Edward Lincoln, III, pro se, in propia persona, Notice of Appearance of Counsel, and Application for Leave to Amend & File Plaintiffs Complaint by Nov., TO THE HONORABLE DAVID O. CARTER, UNITED STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT OF CALIFORNIA: Charles Edward Lincoln, III, currently represents himself pro se as plaintiff in the above-entitled-and-numbered cause. Plaintiff Lincoln applies to this court to allow California Attorney Diane Beall (fka Templin) to appear and substitute as counsel, replacing his own self-representation in this case. It is appropriate to file this request ex-parte and that the application be decided on submission, without hearing, in that no legal or factual issues must be heard or decided. And for Leave to File Fourth Amended Complaint by November, 1

2 In the present case, Attorney Diane Beall here and now signs this ex-parte application for substitution of counsel together with the Plaintiff who requests her substitution. Diane Beall signs to signify her agreement to this substitution and also hereby to declare under penalty of perjury that her other obligations will not interfere with her ability to represent Plaintiff Charles Edward Lincoln in this action, except that Diane Beall requests that she be allowed completely to overhaul the Third Amended Complaint filed by Charles Edward Lincoln and other pro se Plaintiffs (whom Beall does not represent). Attorney Beall accordingly applies for a cancellation of the hearing now set for Monday, November, at :0 a.m., and agrees to file the Fourth Amended Complaint by that same date //. Attorney Diane Beall advises that this is the minimum time frame required for her adequately to prepare a Fourth Amended Complaint. Plaintiff Charles Edward Lincoln for his part certifies that he has served a true-and-correct copy of this Application, according to the Federal Rules of Civil Procedure, together with the proposed order, on each attorney for each defendant so far appearing and answering the Plaintiffs Complaint, by electronic mail delivery to the official addresses of each attorney. A proposed Order of Substitution is attached as Exhibit A to this Motion. Respectfully Submitted and signed, DATED: October, By: Charles Edward Lincoln, Plaintiff, pro se Tierra Limpia/Deo Vindice 0 Elmwood Place, Suite # Austin, Texas 0 Tel: lincoln_for_california@rocketmail.com And for Leave to File Fourth Amended Complaint by November,

3 I declare under penalty of perjury that I have agreed to serve as Plaintiff s Counsel in this case and that my other obligations will not interfere with my ability to represent the Plaintiff Charles Edward Lincoln, III, in this action By: Diane Beall, fka, Templin Attorney-at-Law California Bar # Advocate s Law and Real Estate S. Escondido Blvd., #1 Escondido, California Office: attorneydianebeall@gmail.com PROOF OF SERVICE Charles Edward Lincoln declares under oath and hereby certifies that a true and correct copy of this Application and Request for Substitution of Counsel was filed with the United States District Clerk for the Central District of California, Southern (Santa Ana) Division, and served on the following parties and or their attorneys entitled to service: and LARRY ROTHMAN (Attorney for Steven D. Silverstein) Larry Rothman & Associates, City Plaza 1 City Boulevard West, Suite 0 Orange, California tocollect@aol.com Facimile: (1) -0 Steven D. Silverstein, SBN: 0 Attorney-at-Law (as counsel for Meglodon Financial, LLC) sdevictions@hotmail.com And for Leave to File Fourth Amended Complaint by November,

4 Silverstein Eviction Law Redhill Ave., Suite #G Tustin, CA 0 FACSIMILE: 1--1 DAVID R. ZARO (BAR NO. 1) JOSHUA A. DEL CASTILLO (BAR NO. 01) NANCY M. LEE (BAR NO. ) ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 1 South Figueroa Street, Ninth Floor Los Angeles, California Phone: () - Fax: () - dzaro@allenmatkins.com jdelcastillo@allenmatkins.com nlee@allenmatkins.com Sunday, October, Respectfully Submitted and signed, By: Charles Edward Lincoln, III, pro se Tierra Limpia/Deo Vindice 0 Elmwood Place, Suite # Austin, Texas 0 Tel: lincoln_for_california@rocketmail.com And for Leave to File Fourth Amended Complaint by November,

5 Exhibit A: Proposed Order Approving Substitution of Counsel for Pro Se Representation In propia persona And for Leave to File Fourth Amended Complaint by November,

6 THIS PROPOSED ORDER WAS PREPARED FOR AND ENTRY REQUESTED BY: Diane Beall, fkatemplin Attorney-at-Law California Bar # Advocate s Law and Real Estate S. Escondido Blvd., #1 Escondido, CA Office: attorneydianebeall@gmail.com Charles Edward Lincoln, pro se 0 Elmwood Place, Suite # Austin, Texas 0 Tel: lincoln_for_california@rocketmail.com UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (SANTA ANA) Charles Edward Lincoln, III, et al., Plaintiffs, in propia persona, v. The State of California, et al., Defendants. Case No.: : cv 0 DOC E ORDER APPROVING SUBSTITUTION OF COUNSEL: Diane Beall (fka Templin) for Charles Edward Lincoln, III, pro se ORDER APPROVING SUBSTITUTION OF COUNSEL This cause came before the Court upon the Ex-Parte Application of Plaintiff Charles Edward Lincoln, III, pro se, in propia persona, requesting that this Court allow substitution of counsel Diane Beall (fka Templin) to represent him in this case, and further for leave to file the Plaintiff s Fourth Amended Complaint by November,. And for Leave to File Fourth Amended Complaint by November,

7 The Court has reviewed the record and finding no obstacle to his appearance or reason to deny this motion, it is hereby ORDERED AND ADJUDGED that Diane Beall Templin is substituted as counsel for Charles Edward Lincoln, III, and the Clerk of the Central District of California is ordered to note his appearance in the docket and ensure that all orders and other papers are sent directly to Diane Beall Templin s address as follows: Diane Beall, Attorney-at-Law California Bar # Advocate s Legal Services S. Escondido Blvd., #1 Escondido, California Office: attorneydianebeall@gmail.com Further, the Court orders and adjudges that newly appearing counsel should have the opportunity to amend Plaintiff s complaint before the hearing on Defendants Motions to Dismiss pursuant to Federal Rule 1(b) and California SLAPP, and the hearing set for November, is accordingly cancelled and it Plaintiff Charles Edward Lincoln is ordered, by and through newly appearing counsel, to file his Fourth Amended Complaint by that date. No further motions for leave to amend shall be submitted by any Plaintiff or ruled upon by the Court, after November,, until this Court has definitively ruled on the Plaintiffs Fourth Amended Complaint after a full and proper hearing of argument of counsel on the matter, no such hearings having yet taken place in this case on any subject. And for Leave to File Fourth Amended Complaint by November,

8 DONE AND ORDERED IN CHAMBERS on this day of October/November,, in and for the United States District Court for the Central District of California, Southern (Santa Ana) Division. THE HONORABLE DAVID O. CARTER UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION (SANTA ANA) And for Leave to File Fourth Amended Complaint by November,