Mitchell v. Snowden et al

Filing 45

ORDER signed by Magistrate Judge Allison Claire on 11/06/17 ORDERING that the Clerk of Court is directed to immediately contact Ms. Sujean Park, Alternative Dispute Resolution Coordinator, for the purpose of locating an attorney admitted to practice in this court who is willing to accept this appointment. (cc: ADR Director) (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL J. MITCHELL, 12 Plaintiff, 13 14 15 v. No. 2:15-cv-1167 TLN AC P ORDER SNOWDEN, et al., Defendants. 16 17 On November 1, 2017, the Ninth Circuit Court of Appeals vacated this court’s judgment 18 dismissing this case on statute of limitations grounds. The Court of Appeals remanded for further 19 proceedings on the question whether plaintiff Mitchell’s mental illness and multiple prison 20 transfers warrant equitable tolling. See ECF No. 43 (Ninth Circuit’s Memorandum opinion in 21 Case No. 16-16848). The Ninth Circuit also directed this court to “reevaluate whether counsel 22 should be appointed in light of Mitchell’s mental illness and medical conditions.” Id. at 2. 23 The undersigned finds that the present posture of this case, together with plaintiff’s history 24 of serious medical and mental health challenges, meet the requirement of exceptional 25 circumstances warranting the appointment of voluntary counsel. See 28 U.S.C. § 1915(e)(1); 26 Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991); see also General Order No. 230, U.S. 27 District Court, Eastern District of California (setting forth the criteria and procedure for 28 appointment of counsel in Section 1983 cases). The court finds that plaintiff has a reasonable 1 likelihood of success on the merits of this action, but is not capable of effectively pursuing his 2 own interests. See Palmer v. Valdez, 560 F.3d 965, 970 (9th Cir. 2009). 3 Therefore, pending issuance of the Court of Appeals’ mandate, this court’s Alternative 4 Dispute Resolution Coordinator will be directed to commence locating an attorney willing to 5 pursue this action on plaintiff’s behalf. 6 Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to 7 immediately contact Ms. Sujean Park, Alternative Dispute Resolution Coordinator, for the 8 purpose of locating an attorney admitted to practice in this court who is willing to accept this 9 appointment. 10 11 SO ORDERED. DATED: November 6, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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