Pineida v. Evans et al

Filing 73

ORDER REFERRING MATTER TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL. Signed by Judge Jon S. Tigar on December 8, 2013. (Attachments: # 1 Certificate/Proof of Service)(wsn, COURT STAFF) (Filed on 12/10/2013)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 GABRIEL PINEIDA, Case No. 12-cv-01171-JST (PR) Plaintiff, 8 v. 9 10 CHARLES D. LEE, et al., Defendants. ORDER REFERRING MATTER TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL United States District Court Northern District of California 11 12 13 Plaintiff, a California prisoner proceeding pro se, filed this civil rights action pursuant to 14 42 U.S.C. ยง 1983 asserting that defendants at Salinas Valley State Prison ("SVSP") denied him 15 adequate medical treatment for his ulcerative colitis, or delayed in providing that treatment. On 16 June 3, 2013, the Court entered an order granting in part and denying in part defendants' motion to 17 dismiss and directing defendants to file a motion for summary judgment. The Court also 18 dismissed defendant Dr. Carl Millner from the action, pursuant to Fed. R. Civ. P. 4(m), noting that 19 two attempts to serve Dr. Millner had been unsuccessful and that plaintiff had not been able to 20 provide a current address for said defendant. 21 By order filed October 24, 2013, the Court granted plaintiff's request for assistance in 22 locating Dr. Millner and directed the SVSP Litigation Coordinator to provide to the Court, under 23 seal, any forwarding address information and last known address available with respect to Dr. 24 Millner. On November 18, 2013, the SVSP Litigation Coordinator sent the Court a letter stating 25 that SVSP had no contact information in its record for Dr. Millner. The Court notes that, 26 according to the complaint in this action, Dr. Millner was one of plaintiff's primary medical care 27 providers at SVSP. It therefore appears that plaintiff is in need of counsel to assist him in locating 28 Dr. Millner. 1 Further, defendants filed a motion for summary judgment on December 3, 2013. Upon 2 review of the record and the briefing, the Court has determined that the appointment of pro bono 3 counsel would benefit the Court's review. The Court by this order expresses no opinion as to the 4 merits of this action. 5 6 7 Accordingly, good cause appearing, 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 order, 8 (b) a copy of the docket sheet, (c) a copy of the complaint (dkt. no. 1); and (d) a copy of the 9 Court's June 3, 2013 order (dkt. no. 42). 10 2. Upon an attorney being located to represent plaintiff, that attorney shall be United States District Court Northern District of California 11 appointed as counsel for plaintiff in this matter until further order of the Court. If volunteer 12 counsel is able to successfully locate and serve defendant Dr. Carl Millner, defendants will be 13 given an opportunity to file replacement or supplemental briefing in support of their motion for 14 summary judgment. 15 16 17 18 19 20 3. All proceedings in this action are stayed until an attorney is appointed to represent plaintiff. Once such attorney is appointed, the Court will schedule a case management conference. IT IS SO ORDERED. Dated: December 8, 2013 ______________________________________ JON S. TIGAR United States District Judge 21 22 23 24 25 26 27 28 2

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