George N. Allen v. Mayberg et al

Filing 64

ORDER signed by Chief Judge B. Lynn Winmill on 10/14/2010. Attorneys Maureen Laflin and Patrick Costello appointed for Plaintiffs. Plaintiff Darryell Frazier's 60 Motion to Proceed in Forma Pauperis is GRANTED. (Verduzco, M)

(PC) George N. Allen v. Mayberg et al

Doc. 64

UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF CALIFORNIA F R E SN O DIVISION

G E O R G E N. ALLEN, Plaintiff, v. ST E P H E N MAYBERG, et al., Defendants. R IC K GONZALES, N o . 1:07-CV-00427-BLW Plaintiff, v. C A LIF O R N IA DEPARTMENT OF M E N T A L HEALTH, et al., Defendants. C a se No. 1:06-CV-01801-BLW-LMB (le a d ) ORDER

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Dockets.Justia.com

RAYMOND AMADEO, N o . 1:07-CV-00834-BLW Plaintiff, v. ST E P H E N MAYBERG, et al., Defendants. M A N SF IE LD R. BROWN, No. 1:07-CV-00849-BLW Plaintiff, v. ST E P H E N MAYBERG, et al., Defendants. W A Y N E P. DeBERRY, N o . 1:07-CV-00850-BLW Plaintiff, v. ST E P H E N MAYBERG, et al., Defendants.

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HENRY C. SCOTT, N o . 1:07-CV-000897-BLW Plaintiff, v.

ST E P H E N MAYBERG, et al., Defendants. LA W R E N C E SMITH, N o . 1:07-CV-00913-BLW Plaintiff, v. ST E P H E N MAYBERG, et al., Defendants. F R E D SCOTT, N o . 1:07-CV-00985-BLW Plaintiff, v. ST E P H E N MAYBERG, Defendants.

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HAROLD E. CARMONY, N o . 1:07-cv-01558-BLW Plaintiff, v. C A LIF O R N IA DEPARTMENT OF M E N T A L HEALTH, et al., Defendants. E LD R ID G E CHANEY, N o . 1:08-CV-01196-BLW Plaintiff, v. ST E P H E N MAYBERG, Defendants. J A C K IE ROBINSON, N o . 1:08-CV­1339-JLS-BLM Plaintiff, v. M IR IA M JOYA, et al., Defendants.

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DARRYELL FRAZIER, N o . 1:09-CV-02153-DLB Plaintiff, v. P A M AHLIN, et al., Defendants. LA W T IS DONALD RHODEN, Plaintiff, v. ST E P H E N MAYBERG, et al., Defendants. N o . 1:09-CV-01890-DLB

T h e Legal Clinic of the University of Idaho Law School has graciously agreed to a c c e p t an appointment to represent or provide legal advice as stand-by counsel to P la in tiffs in this case for the purpose of the Triage Conference. Plaintiffs and counsel s h a ll work together to determine the scope of the appointment. Plaintiffs shall not contact c o u n s e l, but shall wait to be contacted by counsel. Counsel are notified that they may take advantage of the benefits offered through th e Idaho State Bar Volunteer Lawyers' Program. The Federal Court Pro Se Pro Bono P ro gra m cost reimbursement fund is also available to counsel; if costs are later recovered fro m Defendants, then counsel has an obligation to reimburse the program. Any

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questions regarding this appointment may be directed to the Pro Se Office, at (208) 3341172. P la in tiffs Darryell Frazier and Lawtis Donald Rhoden have filed emergency M o tio n s for Temporary Restraining Orders or Preliminary Injunctions to prevent D e fe n d a n ts from implementing a new regulation that would designate all "smart devices," s u c h as laptop computers and PSP gaming systems, as "contraband." (Dkt. 61 & 63.) The n e w regulation is scheduled to be implemented on November 4, 2010. The Court p re vio u s ly ordered the parties to review this issue--which was the subject matter of s e ve ra l prior temporary restraining order requests--during the Triage Conference, to be h e ld no later than December 22, 2010. Plaintiffs allege that Defendants are acting in bad fa ith by implementing the new regulation prior to the Triage Conference. H a vin g considered the foregoing, the Court issues the following Order. ORDER I T IS ORDERED: 1. M a u re e n Laflin and Patrick Costello of the University of Idaho College of La w Legal Clinic are hereby appointed to represent Plaintiffs. 2. P la in tiffs shall not contact counsel, but shall wait to be contacted by c o u n s e l. 3. T h e Clerk of Court shall send a copy of this Order to Maureen Laflin and P a tric k Costello at their registered ECF addresses. However, if they have n o t yet set up their accounts, the Clerk shall fax the Order copy to (208)
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885-4628. 4. Counsel for the parties shall participate in a telephone conference to a tte m p t to resolve this issue with Judge David O. Carter on October 28, 2 0 1 0 , at 7:30 a.m. (PST). Counsel for Defendants are responsible for s e ttin g up a conference call with Plaintiff's counsel and the Court to te le p h o n e number [phone]. 5. If the parties are unable to resolve the issue in a satisfactory manner p e n d in g the Triage Conference, Defendants shall file a response to the p e n d in g Motions (Dkt. 61 & 63) no later than October 29, 2010. 5. 6. A copy of this Order shall be sent to Judge David O. Carter. P la in tiff Darryell Frazier's Motion to Proceed in Forma Pauperis (Dkt. 60) is GRANTED. D A T E D : October 14, 2010

B. LYNN WINMILL C h ie f Judge U n ite d States District Court

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