Davis v. Walker et al

Filing 41

ORDER signed by Magistrate Judge Dale A. Drozd on 11/12/14 ORDERING that Benjamin A. Williams is appointed as counsel for plaintiff in the above entitled matters. Appointed counsel shall notify Sujean Park if he has any questions related to the appointment. The Clerk of the Court is directed to serve a copy of this order upon Benjamin A. Williams, Jesse Ortiz Law, 980 9th Street, Suite 340, Sacramento, CA 95814.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNARD LEE DAVIS,

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No. 2:08-cv-0593 KJM DAD P

Plaintiff,
v.
JAMES WALKER, et al.

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Defendants.

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KENNARD LEE DAVIS,
Plaintiff,

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No. 2:10-cv-2139 KJM DAD P

v.

ORDER

JAMES WALKER, et al.
Defendants.
Plaintiff, a state prisoner proceeding pro se, has filed the above-captioned civil rights

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actions seeking relief under 42 U.S.C. § 1983. On March 24, 2014, this case was remanded with

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instructions to consider whether a guardian ad litem should be appointed. (Doc. No. 75) On

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October 30, 2014, the court appointed a guardian ad litem for plaintiff. (Doc. No. 81)

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In certain exceptional circumstances, the court may request the voluntary assistance of
counsel for a prisoner-plaintiff, pursuant to 28 U.S.C. § 1915(e)(1). See Terrell v. Brewer, 935

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F.2d 1015, 1017 (9th Cir. 1991); Wood v. Housewright, 900 F.2d 1332, 1335-36 (9th Cir. 1990).

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The court finds that plaintiff’s legal incompetence to pursue this action pro se and the recent

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appointment of a guardian ad litem warrants the appointment of counsel in this case. Benjamin

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A. Williams has been selected from the court’s pro bono attorney panel to represent plaintiff, and

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he has accepted the appointment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Benjamin A. Williams is appointed as counsel for plaintiff in the above entitled matters.

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2. Appointed counsel shall notify Sujean Park at [phone], or via email at

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[e-mail] if he has any questions related to the appointment.
3. The Clerk of the Court is directed to serve a copy of this order upon Benjamin A.

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Williams, Jesse Ortiz Law, 980 9th Street, Suite 340, Sacramento, CA 95814.

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Dated: November 12, 2014

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hm
davi0593.aoc

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