Caver v. Gomez et al

Filing 109

ORDER GRANTING 104 Motion and Referring Case to Pro Bono Program for Appointment of Counsel to Represent Plaintiff or Stand-By Counsel to Assist Plaintiff During Trial, signed by District Judge Anthony W. Ishii on 12/3/2015. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENELL CAVER,
Plaintiff,

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v.
E. GOMEZ, et al.,

Case No. 1:11-cv-01025-AWI-SKO (PC)
ORDER GRANTING MOTION AND
REFERRING CASE TO PRO BONO
PROGRAM FOR APPOINTMENT OF
COUNSEL TO REPRESENT PLAINTIFF OR
STAND-BY COUNSEL TO ASSIST
PLAINTIFF DURING TRIAL

Defendants.
(Doc. 104)

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Plaintiff Denell Caver, a state prisoner proceeding pro se and in forma pauperis, filed this

18 civil rights action pursuant to 42 U.S.C. § 1983 on June 20, 2011. This action is proceeding on
19 Plaintiff’s second amended complaint, filed on April 10, 2012, against Defendants Gomez, Stark,
20 and Garcia for acting with deliberate indifference to Plaintiff’s safety, in violation of the Eighth
21 Amendment of the United States Constitution. Jury trial is scheduled for February 9, 2016.
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On October 30, 2015, Plaintiff filed a motion seeking the appointment of counsel. Based

23 on Plaintiff’s representations regarding his mental health status and his reliance on jailhouse
24 lawyers to prepare his filings for him, the Court will grant his motion and attempt to locate
25 counsel willing to voluntarily assist Plaintiff. 28 U.S.C. § 1915(e)(1); Palmer v. Valdez, 560 F.3d
26 965, 970 (9th Cir. 2009); Wilborn v. Escalderon, 789 F.2d 1328, 1331 (9th Cir. 1986); Storseth v.
27 Spellman, 654 F.2d 1349, 1353 (9th Cir. 1981).
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Accordingly, pursuant to section 1915(e)(1) and General Order 230, Plaintiff’s motion is

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2 GRANTED and this case is ORDERED REFERRED to the Eastern District’s Pro Bono Program
3 to seek either voluntary counsel to represent Plaintiff or stand-by counsel to assist Plaintiff during
4 trial.
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IT IS SO ORDERED.

7 Dated: December 3, 2015

SENIOR DISTRICT JUDGE

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