Huckabee v. Medical Staff at CSATF et al

Filing 31

ORDER Granting Plaintiff's Motion and Appointing Counsel 24 ; signed by Magistrate Judge Barbara A. McAuliffe on 6/27/12. Stay Lifted, Attorneys Hadi Ty Kharazi, Lean Luisa Tuisavalalo, NCAED Appointed for Anthony Craig Huckabee. Sixty-Day Deadline. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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ANTHONY CRAIG HUCKABEE,

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CASE NO. 1:09-cv-00749-LJO-BAM PC

Plaintiff,

ORDER GRANTING PLAINTIFF’S MOTION
AND APPOINTING COUNSEL

v.
(ECF No. 24)

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MEDICAL STAFF at CSATF, et al.,
SIXTY DAY DEADLINE

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Defendants.
/

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Plaintiff Anthony Craig Huckabee (“Plaintiff”) is a state prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The court found that

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appointment of counsel for plaintiff was warranted. On September 12, 2011, Scot A. Ginther was

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selected from the court’s pro bono attorney panel to represent plaintiff. (ECF No. 18). On January

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24, 2012, plaintiff filed a motion for appointment of new counsel. (ECF No. 24.) On February 10,

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2012, Mr. Ginther filed a motion to withdraw as attorney for plaintiff. (ECF No. 28.) The motion

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was granted and this action was stayed pending appointment of new counsel on February 14, 2012.

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(ECF No. 29). The court has determined the appointment of counsel is still warranted. Hadi-Ty

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(“Ty”) Kharazi and Leah Tuisavalalo have been selected from the court’s pro bono panel to represent

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plaintiff and they have accepted the appointment.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Plaintiff’s motion for appointment of counsel, filed January 24, 2012, is GRANTED;

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2.

Ty Kharazi and Leah Tuisavalalo are appointed counsel in the above entitled matter

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and should contact Sujean Park at [phone] or via email at
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[e-mail] if they have any questions related to the appointment;

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3.

The stay of this action imposed on February 14, 2012, is LIFTED;

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4.

Within sixty days from the date of service of this order, Plaintiff shall either:

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a.

File an amended complaint; or

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b.

Notify the Court that he wishes to proceed only against Defendants Wu and

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McGuiness on the claims found to be cognizable in the order issued

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September 29, 2011; and

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5.

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Leah Tuisavalalo, Yarra Kharazi & Associates, 1250 Fulton Mall, Suite 202, Fresno,

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The Clerk of the Court is directed to serve a copy of this order upon Ty Kharazi and

California 93721.
IT IS SO ORDERED.
Dated:
10c20k

June 27, 2012

/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE

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