Hunter v. Youngblood et al

Filing 61

ORDER APPOINTING Voluntary Counsel to Represent Plaintiff in This Action 59 ; ORDER REQUIRING Plaintiff to File Status Report Within Sixty Days, signed by Magistrate Judge Sheila K. Oberto on 6/26/12: The Clerk of the Court is DIRECTED to serve a copy of this order upon Steven M. Karcher, The Karcher Law Firm, 2100 F Street, Suite 240, Bakersfield, California 93301. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LEROY DEWITT HUNTER,

CASE NO. 1:07-cv-01126-AWI-SKO PC

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Plaintiff,

ORDER APPOINTING VOLUNTARY
COUNSEL TO REPRESENT PLAINTIFF IN
THIS ACTION

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v.
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DONNY YOUNGBLOOD, et al.,

(Doc. 59)

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Defendants.

ORDER REQUIRING PLAINTIFF TO FILE
STATUS REPORT WITHIN SIXTY DAYS

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/
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Plaintiff Leroy Dewitt Hunter, a prisoner proceeding pro se and in forma pauperis, filed this

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civil rights action pursuant to 42 U.S.C. § 1983 on August 3, 2007. This action is proceeding on

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Plaintiff’s second amended complaint, filed on December 16, 2010, against Defendant Parker for

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use of excessive physical force, in violation of the Due Process Clause of the Fourteenth

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Amendment.1 The events at issue occurred at the Lerdo Pretrial Facility in Bakersfield.

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On June 21, 2012, the Court issued an order referring this matter to the Pro Bono Program

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of the Eastern District of California for the appointment of voluntary counsel to represent Plaintiff

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in this action. Steven M. Karcher was selected from the Court’s pro bono attorney panel to represent

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Plaintiff and he has agreed to the appointment. Therefore, Mr. Karcher shall be appointed to

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represent Plaintiff.

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Pursuant to the scheduling order issued on March 31, 2011, the discovery deadline was

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November 30, 2011, and the pretrial dispositive motion deadline was February 9, 2012. (Doc. 42.)

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It appears Plaintiff was a pretrial detainee at the time of the incident.

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Defendant filed a motion for summary judgment on February 9, 2012, to which a response deadline

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has not yet been set. (Docs. 51, 60.)

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Mr. Karcher shall have sixty days within which to review the record and undertake any initial

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investigatory steps he deems necessary, which may or may not include meeting and conferring with

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Plaintiff and/or Defendant’s counsel. No later than sixty days from the date of service of this order,

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Plaintiff shall file a status report regarding his ability to file a response to Defendant’s motion for

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summary judgment. If both parties seek any amendments to the scheduling order in light of

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counsel’s appointment, they shall, if possible, reach an agreement and file a joint stipulation to

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modification of the scheduling order.

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Accordingly, IT IS HEREBY ORDERED that:

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Steven M. Karcher is appointed to represent Plaintiff in the above entitled matter;

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2.

Mr. Karcher shall notify Sujean Park, at [phone], or via email at

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[e-mail], if he has any questions related to the appointment;

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3.

The Clerk of the Court is directed to serve a copy of this order upon Steven M.

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Karcher, The Karcher Law Firm, 2100 F Street, Suite 240, Bakersfield, California

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93301; and

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4.

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Within sixty (60) days from the date of service of this order, Plaintiff shall file a
status report.

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IT IS SO ORDERED.

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Dated:
ie14hj

June 26, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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