McCoy v. Holguin et al

Filing 148

ORDER APPOINTING COUNSEL for the Limited Purpose of Trial and Trial Setting Hearing, signed by Magistrate Judge Helena M. Barch-Kuchta on 4/22/2021. Attorney Jack Duran, Jr. for LaKeith L. McCoy added. (Rivera, O)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAKEITH L. MCCOY, 12 13 14 15 Case No. 1:15-CV-768-DAD-HBK (PC) Plaintiff, ORDER APPOINTING COUNSEL FOR THE LIMITED PURPOSE OF TRIAL AND TRIAL SETTING HEARING v. A. HOLGUIN, ET AL., Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se in this action brought under 42 U.S.C. § 18 1983. The court has found the appointment of counsel for plaintiff warranted for the limited 19 purpose of trial, including the Trial Setting hearing scheduled to occur on May 17, 2021. (Doc. 20 No. 147). Jack Duran, Jr. has been selected from the court’s pro bono attorney panel to represent 21 plaintiff for this limited purpose and has agreed to be appointed. 22 Accordingly, it is ORDERED: 23 1. Jack Duran, Jr. is appointed as plaintiff’s counsel in the above entitled matter. This 24 appointment is for the limited purpose of trial, including the Trial Setting hearing 25 scheduled to occur on May 17, 2021. 26 2. Counsel’s appointment will terminate once the jury returns a verdict. 27 3. Appointed counsel shall notify Sujean Park via email at spark@caed.uscourts.gov if he 28 has any questions related to the appointment. 1 1 2 4. Counsel is advised to review General Order No. 558, Adoption of Amended Plan 3 Governing Reimbursement of Appointed Pro Bono Counsel. Notably, expenses incurred 4 in representing plaintiff must be timely submitted, certain expenses must be approved in 5 advance, and some expenses are not eligible for reimbursement. Further, “in the event of 6 settlement or other successful resolution of the case which results in a monetary award to 7 the indigent litigant equal to or exceeding the reimbursed costs under this section, the 8 indigent litigant through counsel shall reimburse the Fund for such out-of-pocket expenses 9 allowed and reimbursed under this section.” Id., Section 3, Paragraph B. 10 5. The Clerk of the Court is directed to serve a copy of this order on Jack Duran, Jr., Duran 11 Law Office, 4010 Foothills Blvd., Suite 103, Roseville, CA 95747. 12 13 IT IS SO ORDERED. 14 Dated: 15 16 April 22, 2021 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28 2

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