Thomas v. Wilber et al

Filing 145

ORDER Addressing 144 Motion, Directing Clerk's Office to Send Plaintiff Courtesy Copy of Docket, and Directing Plaintiff's Counsel to Address Property Issue with Prior Attorney signed by Magistrate Judge Sheila K. Oberto on 05/14/2015. (Flores, E)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 JASON LATRELL THOMAS, Plaintiff, 11 12 13 14 v. M. WILBER, et al., Case No. 1:10-cv-00006-SKO (PC) ORDER ADDRESSING MOTION, DIRECTING CLERK’S OFFICE TO SEND PLAINTIFF COURTESY COPY OF DOCKET, AND DIRECTING PLAINTIFF’S COUNSEL TO ADDRESS PROPERTY ISSUE WITH PRIOR ATTORNEY Defendants. (Doc. 144) 15 _____________________________________/ 16 17 Plaintiff Jason Latrell Thomas, a state prisoner proceeding pro se and in forma pauperis, 18 filed this civil rights action pursuant to 42 U.S.C. § 1983 on January 4, 2010. This case is ready to 19 be set for jury trial on the following federal constitutional claims: (1) an Eighth Amendment 20 excessive force claim against Defendants Vikjord and Hernandez, (2) a First Amendment 21 retaliation claim against Defendant Vikjord arising out of the use of force on August 25, 2007, and 22 (3) a First Amendment retaliation claim against Defendants Frescura and Price arising out of the 23 use of force on or around February 18, 2007. On May 8, 2015, the Court appointed counsel to 24 represent Plaintiff for the second time. 28 U.S.C. § 1915(e). 25 On May 11, 2015, Plaintiff filed a motion requesting a court order directing his prior 26 appointed counsel to return his legal material and personal photographs. Plaintiff is represented 27 by counsel, through whom all filings must be made. However, the Court will send Plaintiff a 28 courtesy copy of the docket, and Plaintiff’s counsel is directed to address the property issue with 1 Plaintiff’s prior counsel. The Court will request a status on the issue at the telephonic hearing set 2 for June 3, 2015, at 9:15 a.m. 3 Accordingly, the Court HEREBY ORDERS as follows: 4 1. Plaintiff’s motion is deemed addressed; 5 2. The Clerk’s Office shall send Plaintiff a courtesy copy of the docket at California Health Care Facility;1 and 6 7 3. 8 Plaintiff’s counsel is directed to address the property issue with Plaintiff’s prior attorney. 9 10 11 IT IS SO ORDERED. Dated: 12 May 14, 2015 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Doc. 141, p. 6, lns. 4-5. 2

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