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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DURRELL A. PUCKETT,

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Plaintiff,

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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

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On April 29, 2015, Plaintiff filed a motion for appointment of counsel, trial by judge, or

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90-day extension of time. (Doc. 60.) Plaintiff described that he received mental health services

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at the prison and that his medications had been changed and had not yet stabilized his condition.

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Id. Plaintiff reported that, due to his condition, he did not feel he would be able to proceed to trial

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absent a continuance or appointment of counsel. Id.

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The Court held a telephonic trial confirmation hearing on May 14, 2015. At the hearing,

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Plaintiff reported his medications still had not been adequately adjusted but he felt he could

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proceed. However, given the seriousness of the condition described in Plaintiffs motion—which

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was supported by submission of medical records—the Court finds that the appointment of counsel

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is warranted. William L. Schmidt has been selected from the Court’s pro bono attorney panel to

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represent Plaintiff and he has agreed to be appointed.
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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for voluntary counsel is granted.

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2. William L. Schmidt is appointed as counsel in the above entitled matter.

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3. Appointed counsel shall notify Sujean Park at [phone], or via email at

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[e-mail] if he has any questions related to the appointment.

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4. The Clerk of the Court is directed to serve a copy of this order and the pretrial order [ECF

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No. 63] upon William L. Schmidt, Attorney at Law P.C., 377 W. Fallbrook, Suite 205,

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Fresno, California 93729.

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5. Plaintiff’s alternative motions for trial by judge and extension of time are DENIED as
moot.

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IT IS SO ORDERED.
Dated:

May 19, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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