Morris v. Sandoval et al

Filing 191

ORDER by Judge James Donato granting 188 Motion to Appoint Counsel ; denying 189 Motion for Settlement; denying 190 Motion to Compel (lrcS, COURT STAFF) (Filed on 11/13/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CONDALEE MORRIS,

Case No. 12-cv-06132-JD

Plaintiff,

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ORDER GRANTING MOTION
FOR APPOINTMENT OF
COUNSEL, REFERRING CASE
TO FEDERAL PRO BONO
PROJECT AND STAYING
PROCEEDINGS PENDING
APPOINTMENT OF COUNSEL

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Re: Dkt. Nos. 188, 189, 190

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v.
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D. SANDOVAL, et al.,

United States District Court
Northern District of California

Defendants.

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This is a civil rights case filed pro se by a state prisoner. Summary judgment was denied

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and this case will proceed to trial. The Court inquired if plaintiff sought the appointment of

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counsel and plaintiff has filed a motion seeking counsel. The Court finds a trial sufficiently

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exceptional to warrant appointment of counsel if one can be found. Thus, plaintiff’s motion to

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appoint counsel is granted. However, as previously noted, the Court has no power to make

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coercive appointments, and the Court can only attempt to locate volunteer counsel to try this case.

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CONCLUSION

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1. Plaintiff’s motion for a settlement conference (Docket No. 189) is DENIED without
prejudice.

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2. Plaintiff’s motion to compel (Docket No. 190) is DENIED.

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3. The motion to appoint counsel (Docket No. 188) is GRANTED.

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4. This case is referred to the Federal Pro Bono Project. The clerk shall forward to the

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Federal Pro Bono Project: (a) a copy of this order, (b) a copy of the docket sheet, and (c) a copy of

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the operative complaint and relevant court orders. When the Federal Pro Bono Project reports that

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an attorney has been located to represent plaintiff, that attorney will be appointed. In view of the

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referral, further proceedings in this case are STAYED.

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IT IS SO ORDERED.
Dated: November 13, 2015

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________________________
JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CONDALEE MORRIS,

Case No. 12-cv-06132-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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D. SANDOVAL, et al.,
Defendants.

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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

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That on November 13, 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.

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

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Dated: November 13, 2015

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Susan Y. Soong
Clerk, United States District Court

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

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