Dale v. Fernandez et al

Filing 44

ORDER REFERRING PLAINTIFF TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL. Signed by Judge Jeffrey S. White on 7/8/11. (jjoS, COURT STAFF) (Filed on 7/8/2011)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 DEXTER E . DALE, 11 Plaintiff, 12 v. 13 L. FERNANDEZ AND L. LOUGH., 14 15 Defendants. _____________________________ ) ) ) ) ) ) ) ) ) ) No. C 05-1842 JSW (PR) ORDER REFERRING PLAINTIFF TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL (Docket No. 43) 16 Plaintiff, a California prisoner proceeding pro se, filed this civil rights action 17 pursuant to 42 U.S.C. § 1983 against two prison nurses. After Defendant Fernandez’s 18 motion for summary judgment was denied, mediation proceedings were held pursuant to 19 the Court’s Pro Se Prisoner Mediation Program, but the parties did not reach a 20 settlement. Thereafter, Defendant Lough was served, and her motion for summary 21 judgment was also denied. 22 As Plaintiff has requested and is in need of counsel to assist him in this matter as 23 it proceeds to trial, and good and just cause appearing, 24 IT IS ORDERED that Plaintiff shall be referred to the Federal Pro Bono Project 25 in the manner set forth below: 26 (1) The Clerk shall forward to the Federal Pro Bono Project: (a) a copy of this 27 order, (b) a copy of the docket sheet, and (c) a copy of the operative complaint and 28 1 2 3 4 5 6 relevant court orders. (2) Upon an attorney being located to represent Plaintiff, that attorney shall be appointed as counsel for Plaintiff in this matter until further order of the Court. (3) All proceedings in this action are stayed until four weeks from the date an attorney is appointed to represent Plaintiff in this action. IT IS SO ORDERED. 7 8 9 DATED: July 8, 2011 JEFFREY S. WHITE United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 FOR THE 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 DALE, Case Number: CV05-01842 JSW 6 Plaintiff, CERTIFICATE OF SERVICE 7 v. 8 FERNANDEZ et al, 9 Defendant. 10 11 12 13 14 / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on July 8, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 15 16 17 18 Dexter E. Dale D-14750 P.O. Box 689 Soledad, CA 93960-0689 19 20 21 22 23 24 25 26 27 28 Dated: July 8, 2011 Richard W. Wieking, Clerk By: Jennifer Ottolini, Deputy Clerk

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