Pineida v. Evans et al
Filing
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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. ยง 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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