Harris v. Fernan et al

Filing 42

ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/2018 GRANTING 38 Motion to Appoint Counsel; APPOINTING Michael E. Vinding as limited purpose counsel of assisting plaintiff with preparing for and participating in a settlement conference; DENYING 39 Motion to Expedite ADR Hearing; VACATING 6/5/2018 settlement conference; and VACATING 41 Writ of Habeas Corpus Ad Testificandum. Michael E. Vinding's appointment will terminate 15 days after completion of the settlement confere nce or any continuation of the settlement conference. Within 2 weeks from the date of this order, both parties' counsel to contact Magistrate Judge Kendall J. Newman's courtroom deputy to select a new settlement conference date. (cc: Out-To-Court Desk) (Henshaw, R) Modified on 5/10/2018 (Henshaw, R).

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

WAYDE HOLLIS HARRIS,

12
13
14
15

No. 2:17-cv-0680 TLN KJN P

Plaintiff,
v.

ORDER APPOINTING LIMITED PURPOSE
COUNSEL FOR SETTLEMENT

S. KERNAN, et al.,
Defendants.

16
17

Plaintiff is a state prisoner, and proceeds pro se with a civil rights action under 42 U.S.C.

18

§ 1983. Michael E. Vinding was selected from the Court’s Pro Bono Attorney Panel to represent

19

plaintiff for the limited purpose of settlement, and agreed to be appointed. Therefore, plaintiff’s

20

motion to appoint counsel is granted. The June 5, 2018 settlement conference and writ of habeas

21

corpus ad testificandum for plaintiff’s attendance at the settlement conference are vacated.

22

Within two weeks from the date of this order, plaintiff’s and defendants’ counsel shall contact the

23

undersigned’s courtroom deputy, Alexandra Waldrop, [e-mail], or (916)

24

930-4187, to select a new settlement conference date. Once the new date is selected, the court

25

will issue a writ for plaintiff’s attendance at the conference.

26

In addition, plaintiff filed a motion to expedite the settlement conference. However, now

27

that counsel has been appointed, the court must allow counsel time to familiarize himself with the

28

file and communicate with plaintiff. Plaintiff’s motion is denied.
1

1

Accordingly, IT IS HEREBY ORDERED that:

2

1. Plaintiff’s motion to appoint counsel (ECF No. 38) is granted;

3

2. Michael E. Vinding is appointed as limited purpose counsel in the above entitled

4

matter. This appointment is for the limited purpose of assisting plaintiff with preparing for and

5

participating in a settlement conference.

6

3. Michael E. Vinding’s appointment will terminate fifteen days after completion of the

7

settlement conference, or any continuation of the settlement conference. Prior to the termination

8

of the appointment, the court will accord counsel the option of proceeding as plaintiff’s appointed

9

counsel. If counsel does not wish to continue representation of plaintiff after he has carried out

10

his limited purpose, the court will consider appointing new counsel for plaintiff, if deemed

11

appropriate at that time.

12
13

4. Appointed counsel shall notify Sujean Park at [phone], or via email at
[e-mail] if he has any questions related to the appointment.

14

5. The June 5, 2018 settlement conference is vacated;

15

6. The May 1, 2018 writ of habeas corpus ad testificandum is vacated;

16

7. Plaintiff’s motion (ECF No. 39) is denied;

17

8. Within two weeks from the date of this order, both parties’ counsel shall contact the

18
19

undersigned’s courtroom deputy to select a new settlement conference date; and
9. The Clerk of the Court is directed to serve a copy of this order upon:

20
21

A. Michael E. Vinding, Brady & Vinding, 520 Capitol Mall, Suite 630,
Sacramento, CA 95814;

22
23

B. Warden, California State Prison, Solano, P.O. Box 4000, Vacaville, CA
95696-4000; and

24
25

C. Out-To-Court Desk, California State Prison, Sacramento.
Dated: May 9, 2018

26
27
/harr0680.31b

28
2