Caputo v. Kern County Sheriff's Office

Filing 205

ORDER Appointing Counsel, signed by Magistrate Judge Erica P. Grosjean on 8/12/19. Attorneys Lawrance A. Bohm and Kelsey Kimber Ciarimboli for Brian Caputo added. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRIAN CAPUTO,

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Plaintiff,
ORDER APPOINTING COUNSEL

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Case No. 1:15-cv-01008-EPG (PC)

v.
GONZALEZ and BLACK,

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Defendants.

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Brian Caputo (“Plaintiff”) is prisoner1 proceeding pro se and in forma pauperis in this

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civil rights action filed pursuant to 42 U.S.C. § 1983. The Court finds the appointment of counsel

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for Plaintiff warranted. Lawrance A. Bohm and Kelsey K. Ciarimboli have been selected from

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the Court’s pro bono attorney panel to represent Plaintiff and have agreed to be appointed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Lawrance A. Bohm and Kelsey K. Ciarimboli are appointed as counsel in the above
entitled matter.
2. Appointed counsel shall notify Sujean Park at [phone], or via email at
[e-mail], if they have any questions related to the appointment.
3. While the Court is appointing Lawrance A. Bohm and Kelsey K. Ciarimboli to serve as
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Plaintiff was detained at Kern County Jail at the time of the incidents alleged in the complaint. He is now
incarcerated at USP Yazoo City.

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counsel for Plaintiff, at this time the Court is not approving any expenses. The expenses

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incurred in representing Plaintiff must be approved in advance and be necessary to

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Plaintiff's case, given that the reimbursement funds come directly out of the Court's Non-

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Appropriated Fund, which is the limited fund for the entire district for all non-

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appropriated matters. The Court notes that under General Order No. 558 § 3, paragraph

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B, "[i]n the event of settlement or other successful resolution of the case which results in a

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monetary award to the indigent litigant equal to or exceeding the reimbursed costs under

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this section, the indigent litigant through counsel shall reimburse the Fund for such out-of-

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pocket expenses allowed and reimbursed under this section." In other words, any

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expenses incurred will be reimbursed from any settlement or award to Plaintiff.

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4. The Clerk of Court is directed to serve a copy of this order on Lawrance A. Bohm and

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Kelsey K. Ciarimboli, Bohm Law Group, Inc., 4600 Northgate Blvd., Suite 210,

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Sacramento, CA 95834.

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IT IS SO ORDERED.
Dated:

August 12, 2019

/s/
UNITED STATES MAGISTRATE JUDGE

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