Frank Wells v. Gonzales

Filing 81

ORDER GRANTING 76 Plaintiff's Motion for Mediation and Denying Plaintiff's Request for Counsel at the Mediation signed by Magistrate Judge Erica P. Grosjean on 2/5/2020. 7-day deadline. (Jessen, A)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 FRANK WELLS, 9 10 v. 11 12 Case No. 1:17-cv-01240-DAD-EPG (PC) Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR MEDIATION AND DENYING PLAINTIFF’S REQUEST FOR COUNSEL AT THE MEDIATION ROSA GONZALES, (ECF NO. 76) Defendant. SEVEN (7) DAY DEADLINE 13 14 15 16 17 Frank Wells (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. On January 27, 2020, Plaintiff filed a motion for mediation. (ECF No. 76). Plaintiff also 18 asks that, if his request for mediation is granted, he be appointed pro bono counsel for the 19 mediation. On February 4, 2020, Defendant filed her response, indicating that she is open to 20 mediation. (ECF No. 80). 21 Given Defendant’s response, the Court will grant Plaintiff’s motion for mediation. 22 However, the Court will deny Plaintiff’s request for appointment of pro bono counsel for the 23 mediation. Plaintiff did not provide any reasons why counsel should be appointed. Additionally, 24 the Court has reviewed the record in this case, and it appears that Plaintiff can adequately 25 articulate his claims. 26 Accordingly, IT IS ORDERED that: 27 1. Plaintiff’s motion for mediation is GRANTED; 28 2. Defense counsel has seven days from the date of service of this order to contact 1 1 ADR Coordinator Sujean Park (spark@caed.uscourts.gov) to schedule a settlement 2 conference; and 3 3. Plaintiff’s request for appointment of pro bono counsel for the mediation is DENIED. 4 5 6 IT IS SO ORDERED. Dated: February 5, 2020 /s/ UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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