Martinez v. Tilton et al

Filing 17

ORDER Referring Case To Pro Bono Program For The Appointment Of Counsel, signed by Magistrate Judge Sheila K. Oberto on 11/15/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHN R. MARTINEZ,

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CASE NO. 1:10-cv-01501-SKO PC

Plaintiff,

ORDER REFERRING CASE TO PRO BONO
PROGRAM FOR THE APPOINTMENT OF
COUNSEL

v.
JAMES TILTON, et al.,

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Defendants.
/

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Plaintiff John R. Martinez, a state 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 19, 2010. Pursuant to the screening order

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filed on October 15, 2012, this action for damages is proceeding on Plaintiff’s amended complaint,

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filed on March 2, 2012, on Plaintiff’s First Amendment retaliation claim against Defendants Adams

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and Jennings; Plaintiff’s Fourth Amendment search claim against Dicks, Payne, Cabral-Rickman,

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and Adams; Plaintiff’s Eighth Amendment claims against Defendants Hubach and Matthews for use

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of excessive physical force and placement on strip cell status; Plaintiff’s Eighth Amendment claim

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against Defendants Adams and Jennings based on Plaintiff’s placement in the EOP Unit; Plaintiff’s

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State constitutional invasion of privacy claim against Defendant Adams; and Plaintiff’s negligence

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claim against Defendants Adams, Jennings, Hubach, Matthews, Dicks, Payne, and Cabral-Rickman.

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On November 14, 2012, the Court issued an order directing the United States Marshal to initiate

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service of process.

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Having reviewed the record in this case, the Court deems it appropriate to attempt to secure

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counsel for Plaintiff. 28 U.S.C. § 1915(e)(1); Rand v. Rowland, 113 F.3d 1520, 1525 (9th Cir.
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1997). Accordingly, this case is HEREBY REFERRED to Sujean Park, Program Director for the

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Pro Bono Program of the Eastern District of California, to seek voluntary counsel to represent

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Plaintiff in this action.

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IT IS SO ORDERED.

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Dated:
ie14hj

November 15, 2012

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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