Becker v. Sherman, et al.

Filing 15

ORDER VACATING Dates 14 , signed by Magistrate Judge Michael J. Seng on 9/26/16. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSEPH BECKER,

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Plaintiff,
v.

CASE No. 1:16-cv-0828- MJS (PC)
ORDER VACATING DATES
(ECF No. 14.)

WARDEN SHERMAN, et al.,
Defendants.

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Plaintiff is proceeding pro se and in forma pauperis in a civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff has consented to the jurisdiction of a magistrate judge.

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On August 29, 2016, Plaintiff’s complaint was screened and found to state an

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Eighth Amendment failure to protect claim against Defendant Lt. Maximo Lunes. Plaintiff

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accuses Defendant of acting with deliberate indifference when he double-celled Plaintiff,

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a transgender female, with another inmate after Plaintiff’s then-current cell-mate

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attempted to rape Plaintiff. In the Screening Order, Plaintiff was directed to either file a

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first amended complaint within thirty days or notify the Court of her willingness to

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proceed only on the claim found to be cognizable. (ECF No. 14.)

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In a separately-filed document, Plaintiff claims that the second inmate raped her

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shortly after Plaintiff was placed in the cell. (See ECF No. 11.) Plaintiff has since been

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transferred to another institution where she remains in general population.

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In light of the seriousness of the allegations and the serious potential for future
harm, the Court finds that Plaintiff would benefit from the assistance of counsel.

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Accordingly, IT IS HEREBY ORDERED that all dates in this matter, including the

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deadline for Plaintiff to file an amended complaint, are VACATED until further order from

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the Court. In the interim, the Court will coordinate with its ADR and Pro Bono

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Coordinator to locate pro bono counsel.

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IT IS SO ORDERED.
Dated:

September 26, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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