Houston v. Eldridge et al

Filing 102

ORDER signed by Senior Judge William B. Shubb on 2/28/19. This case is referred to Sujean Park, ADR and Pro Bono Director, to seek the voluntary assistance of counsel for Plaintiff; and The Clerk of the Court shall serve a copy of this order on Sujean Park, ADR and Pro Bono Director. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOUSTON,

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No. 2:16-cv-2561 WBS KJN P

Plaintiff,
v.

ORDER

L. ELDRIDGE, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with a civil rights

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action pursuant to 42 U.S.C.§ 1983. The pending findings and recommendations are under

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advisement, but the Court has determined that plaintiff would benefit from the appointment of

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counsel, and that it may be appropriate to set this matter for further settlement conference.

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The United States Supreme Court has ruled that district courts lack authority to require

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counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490

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U.S. 296, (1989). In certain exceptional circumstances, however, the court may request the

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voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). Terrell v. Brewer, 935 F.2d

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1015 (9th Cir. 1990); Wood v. Housewright, 900 F.2d 1332 (9th Cir. 1990). Because the Court

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has determined that appointment of counsel for plaintiff is appropriate, this court will refer this

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case to Sujean Park, ADR and Pro Bono Director, to seek the voluntary assistance of counsel for

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plaintiff in this action.
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Accordingly, IT IS HEREBY ORDERED that:

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1. This case is referred to Sujean Park, ADR and Pro Bono Director, to seek the voluntary

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assistance of counsel for plaintiff; and
2. The Clerk of the Court shall serve a copy of this order on Sujean Park, ADR and Pro

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Bono Director.

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Dated: February 28, 2019

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hous2561.appt

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