Garcia v. City of Santa Clara et al

Filing 129

ORDER REFERRING ACTION FOR APPOINTMENT OF COUNSEL (Illston, Susan) (Filed on 5/17/2016)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

DANIEL C. GARCIA,

Case No. 10-cv-02424-SI

Plaintiff,
8
v.

ORDER REFERRING ACTION FOR
APPOINTMENT OF COUNSEL

9
10

CITY OF SANTA CLARA, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13

Several months ago, this action was referred to the Pro Se Prisoner Mediation Program so

14

the parties could explore the possibility of resolving the action without need for trial. A settlement

15

conference was held, but the parties did not settle. It thus appears that a trial will be needed. The

16

plaintiff being in need of counsel to assist him in this matter, and good and just cause appearing,

17

plaintiff is referred to the Federal Pro Bono Project in the manner set forth below so that an

18

attorney may be located for him:

19
20
21
22
23

(1)

The clerk shall forward to the Federal Pro Bono Project: (a) a copy of this order,

and (b) a memorandum outlining the facts and procedural posture of the action.
(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

24

is appointed to represent plaintiff in this action or further order of the court, except as to those

25

matters discussed below.

26

A case management conference is scheduled for this action on August 3, 2016 at 4:00

27

p.m. If counsel wishes to be appointed but needs that date rescheduled, counsel may so request at

28

the time her or she informs the court of his or her willingness to be appointed to represent plaintiff.

1

Plaintiff informed the court at the case management conference held on May 17, 2016, that

2

he had been moved to Mule Creek State Prison. The court never received a written notice of

3

change of address from plaintiff. Plaintiff is reminded that he must promptly notify the court and

4

opposing counsel each time he is moved to a new institution.

5
6

The clerk shall update the docket to show that plaintiff is now at Mule Creek State Prison
and shall send a copy of this order to him at that prison.

7

No later than June 6, 2016, Plaintiff shall send to the court a copy of any inmate appeal he

8

has filed regarding his non-receipt of his legal property at Mule Creek State Prison, and shall send

9

to the court a copy of any response(s) he has received to that inmate appeal.

10

United States District Court
Northern District of California

11
12
13

IT IS SO ORDERED.
Dated: May 17, 2016
______________________________________
SUSAN ILLSTON
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2