Mayweathers v. Swarthout et al

Filing 53

ORDER signed by Magistrate Judge Kendall J. Newman on 5/15/2012 ORDERING that Amir M. Nassihi is APPOINTED as counsel for Karluk M Mayweathers; the clerk is to serve a copy of this order upon Amir Nassihi; the clerk is to also serve a copy of this order on plaintiff; counsel for the parties are to file, within 45 days, a joint status report. (cc: ADR) (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KARLUK M. MAYWEATHERS,

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Plaintiff,

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No. 2:09-cv-3284 LKK KJN P

vs.
GARY SWARTHOUT, et al.,

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Defendants.

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ORDER
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Plaintiff is a state prisoner, proceeding without counsel and in forma pauperis,

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with a civil rights action pursuant to 42 U.S.C. § 1983. On April 19, 2012, plaintiff filed a

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motion for appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1). (Dkt. No. 51.) The court

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found that appointment of counsel was warranted and, on April 27, 2012, granted plaintiff’s

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motion. (Dkt. No. 52.) Amir Nassihi has been selected from the court’s pro bono attorney panel

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to represent plaintiff and he has agreed to be appointed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Amir Nassihi is appointed as counsel in the above-entitled matter.

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2. Amir Nassihi 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.

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3. The Clerk of the Court is directed to serve a copy of this order upon Amir

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Nassihi, Shook Hardy & Bacon, LLP, One Montgomery Tower, Suite 2700, San Francisco,

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California 94104.

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4. The Clerk of Court is also directed to serve a copy of this order on plaintiff at
his current address of record.

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5. Counsel for the parties are directed to file, within forty-five days after service
of this order, a joint status report that provides the following:

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a. A statement whether this action is ready to proceed to trial. The parties shall

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each address whether there is any reason that the court should not presently set new pretrial and

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trial dates, and related deadlines.1 The parties shall identify the anticipated length of trial, and

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also identify any dates, within the next year, when they may be unavailable for trial or a trial

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confirmation hearing in this court.

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b. A statement whether it may be helpful to convene a further settlement

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conference. Plaintiff participated without counsel in a settlement conference on October 20,

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2011, before Magistrate Judge Kellison. Should the parties, in consultation with counsel, believe

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that a further settlement conference may be helpful, they shall so inform the court and indicate

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whether the parties consent to convening such conference before Magistrate Judge Kellison

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and/or the undersigned magistrate judge.

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SO ORDERED.
DATED: May 15, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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mayw3284.31

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Discovery closed in this action on November 5, 2010 (Dkt. No. 20); on August 26,
2011, the court denied defendants’ motion for summary judgment (Dkt. No. 38); and, on
November 2, 2011, the court issued a further scheduling order, now vacated, which set a trial
date and a pretrial conference, and required the filing of pretrial statements in accordance with
Local Rule 281 (Dkt. No. 42).