Hughes v. CDCR

Filing 48

ORDER signed by Magistrate Judge Edmund F. Brennan on 2/26/15 ORDERING that the findings and recommendations of December 10, 2014 40 are herebyVACATED. Plaintiff's December 8, 2014 motion for temporary restraining order 42 is DENIED withou t prejudice. Plaintiff's December 29, 2014 motion for reconsideration 47 is granted. Jeff D. Price is appointed as counsel in the above-entitled matter for the limited purposes of investigating plaintiff's claims, drafting and filing an a mended complaint, and assessing the need for a temporary restraining order. Plaintiff's December 8, 2014 motion for extension of time 41 is granted. The amended complaint will be due 90 days from the date of this order. Jeff D. Price's ap pointment will terminate when plaintiff's amended complaint is filed, or files a notice that an amended complaint would not be appropriate. Mr. Price shall concurrently either file a renewed motion for a temporary restraining order or a notice t hat nosuch order is currently sought. 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 Jeff D. Price, Law Office of Jeff Dominic Price, 1311 Broadway, Santa Monica, CA 90404.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BERNARD HUGHES,

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No. 2:11-cv-1856-KJM-EFB P

Plaintiff,
v.

ORDER APPOINTING LIMITED PURPOSE
COUNSEL

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MARTIN H. JANSEN, M.D.,

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Defendant.

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Plaintiff is a state prisoner proceeding without counsel in an action brought under 42

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U.S.C § 1983. On December 10, 2014, the undersigned recommended that this action be

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dismissed for plaintiff’s failure to file an amended complaint. ECF No. 40. However, plaintiff

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has informed the court that his current mental state is such that he cannot prepare the amended

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complaint. ECF Nos. 41, 47. He asks for an extension of time to file the amended complaint and

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for the court to reconsider his request for counsel to assist him in its preparation. Id. Plaintiff

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also requests a temporary restraining order prohibiting prison authorities from medicating

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plaintiff with medications other than Wellbutrin and ordering them to show cause why plaintiff’s

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prescription for Wellbutrin has been revoked. ECF No. 42.

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The court will vacate the findings and recommendations and grant plaintiff’s requests for

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counsel and more time, in light of plaintiff’s professed mental impairment. The court will deny

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the motion for a temporary restraining order without prejudice to its renewal by counsel. Counsel

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will be appointed at this time for the limited purpose of drafting an amended complaint and
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assessing the need for a temporary restraining order. Jeff D. Price has been selected from the

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court’s pro bono attorney panel to represent plaintiff and he has accepted the appointment.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations of December 10, 2014 (ECF No. 40) are hereby

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vacated.
2. Plaintiff’s December 8, 2014 motion for temporary restraining order (ECF No. 42) is
denied without prejudice.

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3. Plaintiff’s December 29, 2014 motion for reconsideration (ECF No. 47) is granted.

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4. Jeff D. Price is appointed as counsel in the above-entitled matter for the limited

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purposes of investigating plaintiff’s claims, drafting and filing an amended complaint, and

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assessing the need for a temporary restraining order.

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5. Plaintiff’s December 8, 2014 motion for extension of time (ECF No. 41) is granted.
The amended complaint will be due 90 days from the date of this order.
6. Jeff D. Price’s appointment will terminate when plaintiff=s amended complaint is filed,

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or files a notice that an amended complaint would not be appropriate. Mr. Price shall

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concurrently either file a renewed motion for a temporary restraining order or a notice that no

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such order is currently sought. Prior to the termination of the appointment, the court will accord

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counsel the option of discontinuing his representation of plaintiff or, at his discretion, proceeding

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as plaintiff’s appointed counsel for purposes of discovery, settlement and/or trial. If counsel does

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not wish to continue representation of plaintiff after he has carried out his limited purpose, the

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court will consider appointing new counsel for plaintiff, if deemed appropriate at that time.

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7. Appointed counsel shall notify Sujean Park at [phone], or via email at
[e-mail] if he has any questions related to the appointment.
8. The Clerk of the Court is directed to serve a copy of this order upon Jeff D. Price, Law

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Office of Jeff Dominic Price, 1311 Broadway, Santa Monica, CA 90404.

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DATED: February 26, 2015.

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