Boyce v. Fox et al

Filing 39

ORDER signed by Magistrate Judge Kendall J. Newman on 5/6/16 GRANTING 36 Request for Appointment of Counsel. Kellan Steven Patterson is appointed as attorney for plaintiff pursuant to General Order No. 230. Plaintiff is GRANTED 30 days from the date of this order in which to file an oppositionto defendants motion to dismiss. (Jackson, T)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

DONNELL BOYCE,

12

Plaintiff,

13
14

No. 2:14-cv-1743 KJM KJN P

v.

ORDER

MICHAEL FOX, et al.,

15

Defendants.

16
On April 11, 2016, plaintiff filed a request to have Kellan Patterson continue as attorney

17
18

of record for plaintiff. Upon review of plaintiff’s request for appointment of counsel and the

19

documents on file and good cause appearing therefor, the court finds as follows:

20

Efforts to obtain legal representation without order of this court would be futile;

21

1. Plaintiff’s income is 125 percent or less of the current poverty threshold established by

22

the Office of Management and Budget of the United States and is otherwise without resources to

23

obtain counsel;
2. This case is of a type that attorneys in this district ordinarily do not accept without

24
25

prepayment of a fee;
3. This case is not a fee generating case within the meaning of California Business and

26
27

Professions Code § 8030.4(g); and

28

////
1

1
2
3

4. This case has sufficient merit to warrant appointment pursuant to General Order No.
230.
Therefore, plaintiff’s request for appointment of counsel is granted. On May 2, 2016,

4

defendants filed a motion to dismiss. Plaintiff is granted thirty days from the date of this order in

5

which to oppose the motion to dismiss.

6

Accordingly IT IS HEREBY ORDERED that:

7

1. Plaintiff’s request for appointment of counsel (ECF No. 36) is granted;

8

2. Kellan Steven Patterson is appointed as attorney for plaintiff pursuant to General Order

9
10

No. 230;
3. Counsel shall submit all deposition transcript costs for payment pursuant to

11

§ 8030.6 of the California Business and Professions Code. All other contemplated costs shall be

12

handled as described in General Order No. 230;

13
14
15
16
17

4. Unless otherwise ordered, all motions shall be submitted on the record without oral
argument under Local Rule 230(l);
5. Counsel is directed to contact the Clerk’s Office to make arrangements for receiving a
copy of defendants’ motion to dismiss; and
6. Plaintiff is granted thirty days from the date of this order in which to file an opposition

18

to defendants’ motion to dismiss.

19

Dated: May 6, 2016

20
21
/boyc1743.31b

22
23
24
25
26
27
28
2