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)

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