Madsen v. Risenhoover et al

Filing 157

ORDER re 155 Letter filed by Rick Madsen. Signed by Judge ARMSTRONG on 5/21/13. (lrc, COURT STAFF) (Filed on 5/23/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 7 RICK MADSEN, ) No. C 09-5457 SBA (pr) ) Plaintiff, ) ORDER v. ) ) SUE E. RISENHOOVER, et al., ) ) Defendants. ) _________________________________________ ) 8 9 In an Order dated March 29, 2013, the Court granted in part and denied in part Defendants' motion for summary judgment. Prior to the summary judgment ruling, this case was referred to 11 For the Northern District of California United States District Court 10 the Pro Se Prisoner Settlement Program and did not settle. However, the Court determined that in 12 light of its March 29, 2013 Order and "given the stage of the proceedings, the parties now are in a 13 better position to evaluate their respective cases for purposes of settlement." (Mar. 29, 2013 Order 14 at 32.) Therefore, the case was referred to Magistrate Judge Nandor Vadas for a settlement 15 conference, again pursuant to the Pro Se Prisoner Settlement Program. Thereafter, Magistrate 16 Judge Vadas scheduled the settlement conference for June 21, 2013 at 1:00 p.m. at Pelican Bay 17 State Prison. 18 On May 7, 2013, Plaintiff filed a letter regarding the appointment of pro bono counsel, 19 which was mentioned in the Court's summary judgment. That order made reference to 20 "appoint[ing] counsel" for Plaintiff in a "separate order." (Mar. 29, 2013 Order at note 10.) 21 22 23 24 Because the Court referred the case to the Pro Se Prisoner Settlement Program, no separate order appointing counsel will be issued at this time. The Pro Se Prisoner Settlement Program is intended for pro se litigants; plaintiffs who are represented by appointed counsel cannot participate in the program. Thus, to ensure Plaintiff's eligibility to participate in the settlement program, the Court 25 will not appoint pro bono counsel to represent Plaintiff during settlement proceedings; Plaintiff 26 27 28 shall represent himself during the settlement conference. Plaintiff shall keep Magistrate Judge Vadas and Defendants' counsel apprised of any scheduling concerns. G:\PRO-SE\SBA\CR.09\Madsen5457.settlementSCHED.frm 1 The Clerk of the Court shall provide a copy of this Order to Magistrate Judge Vadas. 2 IT IS SO ORDERED. 3 DATED: 5/21/13 4 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge 5 6 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\CR.09\Madsen5457.settlementSCHED.frm 2 1 2 UNITED STATES DISTRICT COURT 3 FOR THE 4 NORTHERN DISTRICT OF CALIFORNIA 5 For the Northern District of California United States District Court 6 7 RICK MADSEN, 8 Plaintiff, 9 v. 10 SUE E. RISENHOOVER et al, 11 Defendant. 12 Case Number: CV09-05457 SBA CERTIFICATE OF SERVICE / 13 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 14 That on May 23, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) 15 in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the 16 U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 17 18 19 Rick Madsen E10400 Pelican Bay State Prison 20 P.O. Box 7500 5905 Lake Earl Drive 21 Crescent City, CA 95531 22 Dated: May 23, 2013 23 24 Richard W. Wieking, Clerk By: Lisa Clark, Deputy Clerk 25 26 27 28 G:\PRO-SE\SBA\CR.09\Madsen5457.settlementSCHED.frm 3

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