Puckett v. Zamora et al

Filing 64

ORDER Granting in Part Plaintiff's Motion for Appiontment of Counsel, Trial by Judge, or Extension of Time 60 ; ORDER Directing Clerk of Court to Serve Order and Pretrial Order 63 on Plaintiff's Counsel, signed by Magistrate Judge Jennifer L. Thurston on 5/19/15. Attorney William L. Schmidt for Durrell A. Puckett added. (Verduzco, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 DURRELL A. PUCKETT, 12 Plaintiff, 13 14 15 16 vs. R. ZAMORA, et al., Defendants. Case No. 1:12-cv-00948 JLT (PC) ORDER GRANTING IN PART PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL, TRIAL BY JUDGE, OR EXTENSION OF TIME [ECF NO. 60] ORDER DIRECTING CLERK OF COURT TO SERVE ORDER AND PRETRIAL ORDER [ECF NO. 63] ON PLAINTIFF’S COUNSEL 17 18 On April 29, 2015, Plaintiff filed a motion for appointment of counsel, trial by judge, or 19 90-day extension of time. (Doc. 60.) Plaintiff described that he received mental health services 20 at the prison and that his medications had been changed and had not yet stabilized his condition. 21 Id. Plaintiff reported that, due to his condition, he did not feel he would be able to proceed to trial 22 absent a continuance or appointment of counsel. Id. 23 The Court held a telephonic trial confirmation hearing on May 14, 2015. At the hearing, 24 Plaintiff reported his medications still had not been adequately adjusted but he felt he could 25 proceed. However, given the seriousness of the condition described in Plaintiffs motion—which 26 was supported by submission of medical records—the Court finds that the appointment of counsel 27 is warranted. William L. Schmidt has been selected from the Court’s pro bono attorney panel to 28 represent Plaintiff and he has agreed to be appointed. 1 1 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff’s motion for voluntary counsel is granted. 4 2. William L. Schmidt is appointed as counsel in the above entitled matter. 5 3. Appointed counsel shall notify Sujean Park at (916) 930-4278, or via email at 6 spark@caed.uscourts.gov if he has any questions related to the appointment. 7 4. The Clerk of the Court is directed to serve a copy of this order and the pretrial order [ECF 8 No. 63] upon William L. Schmidt, Attorney at Law P.C., 377 W. Fallbrook, Suite 205, 9 Fresno, California 93729. 10 11 5. Plaintiff’s alternative motions for trial by judge and extension of time are DENIED as moot. 12 13 14 IT IS SO ORDERED. Dated: May 19, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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