Washington v. Duncan et al

Filing 81

ORDER REFERRING PLAINTIFF TO FEDERAL PRO BONO PROJECT, ORDER STAYING CASE PENDING APPOINTMENT OF COUNSEL. Signed by Judge William Alsup on 10/19/11. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 10/20/2011)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 No. C 05-2775 WHA (PR) Plaintiff, For the Northern District of California United States District Court TRACYE B. WASHINGTON, 11 12 v. 13 14 15 16 W. A. DUNCAN; R. BOUCHER; L. HERNANDEZ; E. MOORE; A. GOMEZ; R. PEREZ; L. BAEZ; W.L. MUNIZ; ORDER REFERRING PLAINTIFF TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL Defendants. / 17 18 19 This is a civil rights case filed pro se by a state prisoner against employees at Salinas 20 Valley State Prison. The complaint was found to state a cognizable claim that defendants 21 Sergeant R. Boucher, L. Hernandez, E. Moore, L. Baez and A. Gomez used excessive force 22 against him in violation of his Eighth Amendment rights. Defendants’ summary judgment 23 motion was granted in favor of defendant Moore, but denied as to defendants Boucher, 24 Hernandez, Baez and Gomez because plaintiff had created genuine issues of material fact. The 25 case was referred to the Pro Se Prisoner Mediation Program, a mediation proceeding was held, 26 but the case did not settle. 27 28 Plaintiff having requested and being in need of counsel to assist him in this matter, and good and just cause appearing, 1 2 3 IT IS ORDERED that plaintiff shall be referred to the Federal Pro Bono Project in the manner set forth below: (1) The clerk shall forward to the Federal Pro Bono Project: (a) a copy of this 4 order, (b) a copy of the docket sheet, and (c) a copy of the operative complaint and 5 relevant court orders. 6 7 8 9 (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 remain stayed until four weeks from the date an attorney is appointed to represent plaintiff in this action. This order terminates docket number 80. 11 For the Northern District of California United States District Court 10 IT IS SO ORDERED. 12 Dated: October 13 19 , 2011. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\WHA\CR.05\WASHINGTON775.REF.wpd 2

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