Aleman v. North Kern State Prison, et al.

Filing 72

ORDER Scheduling Telephonic Status Conference signed by Magistrate Judge Jeremy D. Peterson on 07/18/2018. Status Conference set for 8/7/2018 at 11:00 AM before Magistrate Judge Jeremy D. Peterson.(Flores, E)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HECTOR ALEMAN,

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Case No. 1:15-cv-01293-LJO-JDP

Plaintiff,

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ORDER SCHEDULING TELEPHONIC
STATUS CONFERENCE

v.

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C/O K. ACOSTA, et al.,

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Defendants.

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Plaintiff Hector Aleman proceeds without counsel in this civil rights action brought under

16 42 U.S.C. § 1983. Plaintiff states in his complaint that defendants beat him while he was
17 handcuffed. (Doc. No. 1, at 5; see also Doc. No. 61, at 3.) Neither side has filed a dispositive
18 motion. The court will schedule a telephonic status conference, and the parties should be
19 prepared to discuss the status of this case and whether a settlement conference could help its
20 resolution.
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The court will also consider whether recruiting counsel for plaintiff would be appropriate.

22 Plaintiff states that he has a “TABE Score of 3.1”1 and that he has difficulties understanding
23 “courts requirements.” (Doc. No. 27, at 1-2.) If this case proceeds to trial, ensuring fair
24 adjudication may require counsel for plaintiff. In preparation for the telephonic status
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“The TABE (Tests of Adult Basic Education) scores reflect an inmate’s educational
27 achievement level and are expressed in numbers reflecting grade level.” Lindsey v. Davey,
No. 17-cv-956, 2017 WL 5198155, at *7 (C.D. Cal. Sept. 22, 2017) (quoting In re Roderick,
28 154 Cal. App. 4th 242, 253 n.10 (2007)).
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1 conference, plaintiff should prepare to discuss with the court reasons why he believes that he
2 will prevail, his litigation experience, and any other information that would help the court assess
3 his ability to represent himself in trial.
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ORDER

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For these reasons,

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1. The court will hold a telephonic status conference on Tuesday, August 7, 2018, at

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11:00 a.m., before Magistrate Judge Jeremy D. Peterson (dial-in number: 1-888-204-

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5984; passcode: 444617).
2. Plaintiff must make arrangements with staff at his institution of confinement to ensure

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his attendance at the telephonic status conference.

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3. Plaintiff’s institution of confinement must make plaintiff available for the telephonic

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status conference.

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4. Before the hearing, defense counsel must confirm with plaintiff’s institution of

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confinement that plaintiff can attend the telephonic status conference.

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5. The Clerk is directed to send a copy of this order to the litigation coordinator at

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plaintiff's institution of confinement.

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IT IS SO ORDERED.

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Dated:

July 18, 2018

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UNITED STATES MAGISTRATE JUDGE

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