Morris v. Sandoval et al

Filing 187

ORDER by Judge James Donato denying 169 Motion for Summary Judgment; denying 172 Motion (lrcS, COURT STAFF) (Filed on 10/22/2015)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

CONDALEE MORRIS,

Case No. 12-cv-06132-JD

Plaintiff,
8
v.

ORDER DENYING MOTION FOR
SUMMARY JUDGMENT

9
10

D. SANDOVAL, et al.,

Re: Dkt. Nos. 169, 172

Defendants.

United States District Court
Northern District of California

11
12
13

Plaintiff, a state prisoner, proceeds with a pro se civil rights complaint under 42 U.S.C. §

14

1983. On June 11, 2014, the previous judge assigned to this case granted in part and denied in

15

part defendants’ motion for summary judgment. Docket No. 88. The case proceeds on an Eighth

16

Amendment excessive force claim against defendant Blair, an Eighth Amendment deliberate

17

indifference claim against defendants Espinosa and Sandoval, and an Eighth Amendment medical

18

claim against defendant Nunley. The case was referred to mediation, but the case did not settle.

19

Counsel was appointed for plaintiff and the case was scheduled for trial. Later the order

20

appointing counsel was vacated and the case continued with plaintiff proceeding pro se and

21

preparing for trial. On June 18, 2015, plaintiff filed a motion for summary judgment, to refer the

22

case to settlement, and to appoint counsel. On July 15, 2015, the previous judge issued a recusal

23

order and the case was reassigned to the undersigned.

24

The Court’s June 11, 2014, order regarding summary judgment found disputed facts as to

25

the remaining defendants and claims. Plaintiff presents the same facts in his motion for summary

26

judgment that the Court considered in the prior motion. Defendants filed an opposition presenting

27

the same facts and argue that summary judgment should be denied because there remain material

28

issues of fact in dispute. For the same reasons set forth in the prior order concerning summary

1

judgment, plaintiff’s motion is denied because there remain material issues of fact in dispute.

2

Plaintiff has also filed a motion requesting a referral to mediation and appointment of

3

counsel. Docket No. 172. Yet, the body of the motion does not discuss the appointment of

4

counsel. Counsel was previously appointed but the order was vacated at plaintiff’s request. The

5

Court can refer this case for the possibility of the appointment of counsel, but plaintiff must

6

indicate that he indeed wants counsel appointed for trial. The Court has limited resources to

7

appoint counsel and can only make an appointment if the plaintiff desires counsel and will

8

cooperate.

9

For the foregoing reasons, the Court hereby orders as follows:
1. Plaintiff’s motion for summary judgment (Docket No. 169) is DENIED.

11
United States District Court
Northern District of California

10

2. Plaintiff’s motion for mediation and appointment of counsel (Docket No. 172) is

12

DENIED without prejudice. Within fourteen (14) days of service of this order plaintiff must file

13

an order indicating if he seeks the appointment of counsel. The Court will decide on the referral to

14

mediation after the counsel issue has been determined.

15
16

IT IS SO ORDERED.
Dated: October 22, 2015

17
________________________
JAMES DONATO
United States District Judge

18
19
20
21
22
23
24
25
26
27
28
2

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

CONDALEE MORRIS,

Case No. 12-cv-06132-JD

Plaintiff,
5
v.

CERTIFICATE OF SERVICE

6
7

D. SANDOVAL, et al.,
Defendants.

8
9
10

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

11
12
13
14
15

That on October 22, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

16
17
18

Condalee Morris ID: V96203
Calif. State Prison, Sacramento
P.O. Box 290066
Represa, CA 95671

19
20
21

Dated: October 22, 2015

22
23

Susan Y. Soong
Clerk, United States District Court

24
25
26
27

By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

28
3