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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GABRIEL PINEIDA,

Case No. 12-cv-01171-JST (PR)

Plaintiff,
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v.
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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

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Plaintiff, a California prisoner proceeding pro se, filed this civil rights action pursuant to

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42 U.S.C. § 1983 asserting that defendants at Salinas Valley State Prison ("SVSP") denied him

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adequate medical treatment for his ulcerative colitis, or delayed in providing that treatment. On

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June 3, 2013, the Court entered an order granting in part and denying in part defendants' motion to

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dismiss and directing defendants to file a motion for summary judgment. The Court also

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dismissed defendant Dr. Carl Millner from the action, pursuant to Fed. R. Civ. P. 4(m), noting that

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two attempts to serve Dr. Millner had been unsuccessful and that plaintiff had not been able to

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provide a current address for said defendant.

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By order filed October 24, 2013, the Court granted plaintiff's request for assistance in

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locating Dr. Millner and directed the SVSP Litigation Coordinator to provide to the Court, under

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seal, any forwarding address information and last known address available with respect to Dr.

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Millner. On November 18, 2013, the SVSP Litigation Coordinator sent the Court a letter stating

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that SVSP had no contact information in its record for Dr. Millner. The Court notes that,

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according to the complaint in this action, Dr. Millner was one of plaintiff's primary medical care

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providers at SVSP. It therefore appears that plaintiff is in need of counsel to assist him in locating

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Dr. Millner.

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Further, defendants filed a motion for summary judgment on December 3, 2013. Upon

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review of the record and the briefing, the Court has determined that the appointment of pro bono

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counsel would benefit the Court's review. The Court by this order expresses no opinion as to the

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merits of this action.

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Accordingly, good cause appearing, IT IS ORDERED that plaintiff shall be referred to the
Federal Pro Bono Project in the manner set forth below:
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The Clerk shall forward to the Federal Pro Bono Project: (a) a copy of this order,

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(b) a copy of the docket sheet, (c) a copy of the complaint (dkt. no. 1); and (d) a copy of the

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Court's June 3, 2013 order (dkt. no. 42).

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2.

Upon an attorney being located to represent plaintiff, that attorney shall be

United States District Court
Northern District of California

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appointed as counsel for plaintiff in this matter until further order of the Court. If volunteer

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counsel is able to successfully locate and serve defendant Dr. Carl Millner, defendants will be

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given an opportunity to file replacement or supplemental briefing in support of their motion for

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summary judgment.

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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
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JON S. TIGAR
United States District Judge

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