Huerta v. Mims

Filing 17

ORDER Appointing Counsel, signed by Magistrate Judge Gerald B. Cohn on 6/20/11. Attorney Julius M. Cruz for Joe Danny Huerta added. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOE DANNY HUERTA,
Plaintiff,

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CASE NO. 1:08-cv-01889-LJO-GBC (PC)

v.

ORDER APPOINTING COUNSEL

MARGARET MIMMS, et al.,
Defendants.

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/

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ORDER

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Plaintiff Joe Danny Huerta is a former detainee proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds

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on Plaintiff’s original complaint filed December 9, 2008. (ECF No. 1.) On September

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28, 2009, the Magistrate Judge screened the complaint and found that it states at least

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one cognizable claim against Doe Defendants for excessive force in violation of the

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Eighth Amendment. (ECF No. 10.)

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While the complaint states a claim for relief for excessive force, Plaintiff does not

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identify Doe Defendants. Because Plaintiff is proceeding in forma pauperis, the Court

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must appoint the United States Marshal to serve each defendant with a summons and
complaint. Fed. R. Civ. Pro. 4(c)(2). However, the Marshal cannot locate and serve

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unidentified defendants.
The Court finds that appointment of counsel for Plaintiff is warranted for the

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limited purpose of assisting Plaintiff in identifying the Doe Defendants and filing a

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complaint, or amended complaint, if necessary. Julius M. Cruz has been selected by

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random draw from the Court’s pro bono attorney panel to represent Plaintiff.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Julius M. Cruz is appointed limited purpose counsel in the above

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entitled matter. This appointment is for the limited purpose of

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assisting Plaintiff in identifying the Doe Defendants and filing a

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complaint, or amended complaint, if necessary.

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2. Julius M. Cruz has ninety (90) days from the date of service of this

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Order in which to provide the Court with additional information

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identifying the Doe Defendants, and file a complaint, or amended

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complaint, if necessary. Mr. Cruz’s appointment will terminate

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when Defendants have filed an answer to Plaintiff’s complaint.

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3. Julius M. Cruz shall notify Sujean Park, at [phone], or via

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email at [e-mail], if he has any questions related

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to the appointment.

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4. If Plaintiff agrees to be represented by counsel, counsel shall file a

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Notice of Association of Counsel within thirty (30) days of this

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Order. If Plaintiff rejects the appointment of counsel, counsel shall

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notify the Court in writing within thirty (30) days and counsel will be

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allowed to withdraw so Plaintiff may proceed pro se.

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

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Julius M. Cruz, Sawl Law Group, 2150 Tulare Street, Fresno, CA

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93721.

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IT IS SO ORDERED.
Dated:
1j0bbc

June 20, 2011
UNITED STATES MAGISTRATE JUDGE