O'Keefe v. Cate

Filing 284

ORDER signed by Magistrate Judge Kendall J. Newman on 10/24/2017 DENYING 283 Motion for the Appointment of Counsel and ORDERING Defendants to file, within 30 days of the date of this order, a supplemental summary judgment motion, as discussed in this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TIMOTHY O’KEEFE,

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No. 2:11-cv-2659 KJM KJN P

Plaintiff,
v.

ORDER

JERRY BROWN, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. On September 29, 2017, the Honorable Kimberly J. Mueller granted in part

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and denied in part defendants’ summary judgment motion. (ECF No. 282.) Judge Mueller

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denied defendants’ summary judgment motion as to plaintiff’s claims for injunctive relief against

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defendants Sirkin, Howlin, Wynn and Deputy Director of the California Department of

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Corrections and Rehabilitation (“CDCR”) Statewide Mental Health Program. (Id.)

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Judge Mueller referred this matter back to the undersigned for further proceedings which

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may include: a settlement conference; a further motion with specified briefing for summary

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judgment; or an evidentiary hearing on the merits of plaintiff’s claim for prospective injunctive

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relief. (Id. at 10.)

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The undersigned has determined that a further motion for summary judgment is
appropriate. In her order, Judge Mueller found that the parties had not fully briefed the standards
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applicable to plaintiff’s claim for injunctive relief against defendants in their official capacities.

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(Id. at 7-8.) Judge Mueller referred this matter back to the undersigned for further proceedings on

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that issue. (Id. at 8.)

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Accordingly, within thirty days of the date of this order, defendants shall file a

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supplemental summary judgment motion. In particular, defendants shall address the following

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issues: 1) are any defendants capable of responding to an order granting plaintiff’s request for

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injunctive relief; and 2) do plaintiff’s claims for injunctive relief attack a state policy or procedure

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on federal grounds.

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Plaintiff has also filed a motion requesting appointment of counsel. (ECF No. 283.) The

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undersigned has denied plaintiff’s previous motions for appointment of counsel. (ECF Nos. 199,

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208, 233, 240, 250.) For the reasons stated in those orders, plaintiff’s pending motion for

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appointment of counsel is denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Plaintiff’s motion for appointment of counsel (ECF No. 283) is denied;

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2. Within thirty days of the date of this order, defendants shall file a supplemental

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summary judgment motion, as discussed above. Thereafter, the Federal Rules of Civil Procedure

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and the Local Rules of this court will apply as to the timely filing of any opposition and reply

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briefs.

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Dated: October 24, 2017

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Okee2659.31
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