Bury v. Clark et al

Filing 62

ORDER DENYING Plaintiff's Counsel's Request for Partial Reimbursement signed by Magistrate Judge Dennis L. Beck on 10/9/2012. (Sant Agata, S)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 LARRY BURY 11 12 13 14 Plaintiff, v. Case No. 1:10-cv-00196-DLB PC ORDER DENYING PLAINTIFF’S COUNSEL’S REQUEST FOR PARTIAL REIMBURSEMENT E. WILLIAMS, et al., Defendants. 15 16 Plaintiff Larry Bury (“Plaintiff”) is a prisoner in the custody of the California Department of 17 Corrections and Rehabilitation. Plaintiff is represented by pro bono counsel in this action. This 18 action proceeds against Defendants E. Williams and Moto for deliberate indifference to a serious 19 medical need in violation of the Eighth Amendment. 20 On September 26, 2012, Plaintiff’s counsel submitted a request for partial reimbursement for 21 plane fare from Palo Alto, California to Chino, California, where Plaintiff is currently incarcerated. 22 Counsel provides as an explanation that they would like to meet Plaintiff in-person regarding 23 upcoming trial matters. 24 For the following reasons, the request for reimbursement will be denied. The Court had 25 granted two prior partial reimbursement requests, the first one being counsel’s first face-to-face 26 meeting with Plaintiff, and the second being for the deposition of an inmate. ECF Nos. 35, 50. The 27 Court appreciates that Plaintiff’s counsel seeks only partial reimbursement, in an effort to save on 28 unnecessary expenditures by the Court. Here, however, the Court does not find sufficient reasons 1 1 for partial reimbursement. Plaintiff and counsel may communicate with each other by telephone, 2 and an in-person meeting with Plaintiff appears unnecessary. If any issues regarding telephonic 3 communication between Plaintiff and counsel should arise, Plaintiff or Plaintiff’s counsel should 4 notify the Court, and the Court will issue any orders necessary to resolve the issue. Accordingly, it is HEREBY ORDERED that Plaintiff’s counsel’s request for reimbursement 5 6 is denied. 7 8 IT IS SO ORDERED. 9 Dated: /s/ Dennis October 9, 2012 L. Beck UNITED STATES MAGISTRATE JUDGE 10 DEAC_Signature-END: 11 3b142a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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