Stephen v. Kelso

Filing 72

ORDER signed by Magistrate Judge Kendall J. Newman on 08/09/12 ordering Tanya moore is appointed as counsel in the above entitled manner. Plaintiff's counsel shall within 30 days after the filing date of this order, file and serve a status repo rt that includes the matters set forth above. Plaintiff's motion for an order to show cause 65 is denied. The clerk of the court is directed to serve a copy of this order upon Tany Moore, Moore Law Firm, 332 North 2nd Street, San Jose, California 95112. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JIMMIE STEPHEN,

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Plaintiff,
vs.
FEDERAL RECEIVER J.C. KELSO,
et al.,
Defendants.

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No. 2:10-cv-1678 KJM KJN P

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

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pauperis, in this civil rights action filed pursuant to 42 U.S.C. § 1983. On May 31, 2012,

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plaintiff filed a motion for appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1). (Dkt. No.

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59.) By order filed June 7, 2012, the court found that appointment of counsel was warranted and

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granted plaintiff’s motion. (Dkt. No. 61.)

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Attorney Tanya Moore has been selected from the court’s pro bono attorney panel

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to represent plaintiff, and she has accepted the appointment. Pursuant to this order, Ms. Moore

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will be appointed to represent plaintiff.

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Two additional matters are addressed herein. First, plaintiff’s pending “Order to
Show Cause,” filed July 16, 2012 (Dkt. No. 65), is denied without prejudice to the filing of a

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properly-framed motion by plaintiff’s counsel which, if appropriate, addresses the matters anew.

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Second, within thirty days after the filing date of this order, plaintiff’s counsel is

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directed to file and serve a status order in this action that provides the following: (1) the status of

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service of process on defendant Wenneker;1 (2) whether this action should proceed on plaintiff’s

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Third Amended Complaint, filed February 16, 2012 (Dkt. No. 54), or whether plaintiff seeks

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leave to file a Fourth Amended Complaint;2 (3) any appropriate motion for preliminary injunctive

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or other relief responsive to the instant denial of plaintiff’s “Order to Show Cause;” and (4) any

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other matters that counsel deems appropriate.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Tanya Moore is appointed as counsel in the above-entitled matter.

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

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[e-mail] if she has any questions related to the appointment.

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3. Plaintiff’s counsel shall, within thirty (30) days after the filing date of this
order, file and serve a status report that includes the matters set forth above.

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4. Plaintiff’s motion for an “Order to Show Cause” (Dkt. No. 65) is denied
without prejudice.

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5. The Clerk of the Court is directed to serve a copy of this order upon Tanya

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Moore, Moore Law Firm, 332 North 2nd Street, San Jose, California 95112.

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DATED: August 9, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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step1678.31.etc

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Counsel may inquire with the U.S. Marshal’s office regarding the status of attempted
service on defendant Wenneker, based on the information previously provided by plaintiff.
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The court, at present, has no opinion on this matter, but simply accords newlyappointed counsel the option.