O'Keefe v. Cate

Filing 315

ORDER signed by Magistrate Judge Kendall J. Newman on 8/29/2018 DENYING 313 Motion to Appoint Counsel to Represent Plaintiff at Settlement Conference. Upon receipt of this order, defendants shall immediately direct officials at CHCF to provide plaintiff with access to his legal property related to this action; on or before 9/4/2018, defendants shall file a status report addressing plaintiffs access to his legal property. (Henshaw, R)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

TIMOTHY O’KEEFE,

12

Plaintiff,

13
14

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

v.

ORDER

JERRY BROWN, et al.,

15

Defendants.

16
Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

17
18

to 42 U.S.C. § 1983. This action is set for a settlement conference before the undersigned on

19

September 11, 2018.

20

Plaintiff is housed at the California Health Care Facility (“CHCF”) in Stockton,

21

California. On August 23, 2018, plaintiff filed a motion requesting that counsel be appointed to

22

represent him at the settlement conference. In the alternative, plaintiff requests that the court

23

order officials at CHCF to provide him access to his legal property relating to this action.
In support of the pending motion, plaintiff alleges that since his arrival at CHCF on May

24
25

17, 2018, prison officials have refused to grant him access to his legal property because he is

26

classified as “treat and return.” Plaintiff alleges that without his legal property, he cannot prepare

27

a settlement conference statement.

28

////
1

1

Good cause appearing, IT ISHEREBY ORDERED that:

2

1. Plaintiff’s motion for appointment of counsel to represent him at the settlement

3

conference (ECF No. 313) is denied;

4

2. Upon receipt of this order, defendants shall immediately direct officials at CHCF to

5

provide plaintiff with access to his legal property related to this action;1 on or before Tuesday,

6

September 4, 2018, defendants shall file a status report addressing plaintiff’s access to his legal

7

property.

8

Dated: August 29, 2018

9
10
11
Ok2659.lp
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

1

No defendants are located at CHCF. However, defendant Tebrock is the Deputy Director of
the Statewide Mental Health Program for the California Department of Corrections and
Rehabilitation. In this capacity, defendant Tebrock is capable of responding to this order
directing officials at CHCF to provide plaintiff with access to his legal property.
2