Garcia v. Folks et al

Filing 109

ORDER signed by Magistrate Judge Deborah Barnes on 05/31/18 ORDERING Douglas R. Thorn is appointed as counsel in the above entitled matter. Counsel is appointed for the limited purpose of preparing for and representing plaintiff at an evidentiary hea ring on the issue of exhaustion as outlined in the findings and recommendations dated January 26, 2018 96 . Douglas R. Thorns appointment will terminate when the order on the issue of exhaustion has been filed. ( Status Conference set for 8/3/2018 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes.) (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RAUL GARCIA,

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No. 2:14-cv-2378 JAM DB P
Plaintiff,

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ORDER APPOINTING LIMITED
PURPOSE COUNSEL

v.
F. FOLKS, et al.,

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Defendants.

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this action brought

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under 42 U.S.C. § 1983. On January 26, 2018, the court found the appointment of counsel for

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plaintiff warranted for the limited purpose of preparing for and representing plaintiff at an

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evidentiary hearing on the issue of exhaustion. (ECF Nos. 96, 104.) Douglas R. Thorn has been

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selected from the court’s pro bono attorney panel to represent plaintiff for this limited purpose

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and has agreed to be appointed.

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Accordingly, IT IS HEREBY ORDERED that:
1. Douglas R. Thorn is appointed as counsel in the above entitled matter. Counsel is

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appointed for the limited purpose of preparing for and representing plaintiff at an

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evidentiary hearing on the issue of exhaustion as outlined in the findings and

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recommendations dated January 26, 2018 (ECF No. 96).

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2. Douglas R. Thorn’s appointment will terminate when the order on the issue of exhaustion

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has been filed. Prior to the termination of the appointment, the court may accord counsel

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the option of proceeding as plaintiff’s appointed counsel through trial. If counsel does not

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wish to continue representation of plaintiff after he has carried out his limited purpose

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appointment, the court will consider appointing new counsel for plaintiff, if deemed

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appropriate at that time.

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3. Appointed counsel shall notify Sujean Park at [phone], or via email at
[e-mail] if he has any questions related to the appointment.
4. The Clerk of the Court is directed to serve a copy of this order upon Douglas R. Thorn,
Thorn Law Firm, 1380 Lead Hill Blvd., Suite 106, Roseville, CA 95661.

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5. On August 3, 2018, at 10:00 a.m. in courtroom # 27, the undersigned will hold a status

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and scheduling conference. Counsel need not prepare status conference statements but

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should be prepared to discuss their readiness for the evidentiary hearing on the issue of

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exhaustion.

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Dated: May 31, 2018

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DLB:9
DB/prisoner-civil rights/garc2378.31(3)

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