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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICK MADSEN,
) No. C 09-5457 SBA (pr)
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Plaintiff,
) ORDER
v.
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SUE E. RISENHOOVER, et al.,
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Defendants.
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_________________________________________ )
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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
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For the Northern District of California
United States District Court
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the Pro Se Prisoner Settlement Program and did not settle. However, the Court determined that in
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light of its March 29, 2013 Order and "given the stage of the proceedings, the parties now are in a
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better position to evaluate their respective cases for purposes of settlement." (Mar. 29, 2013 Order
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at 32.) Therefore, the case was referred to Magistrate Judge Nandor Vadas for a settlement
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conference, again pursuant to the Pro Se Prisoner Settlement Program. Thereafter, Magistrate
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Judge Vadas scheduled the settlement conference for June 21, 2013 at 1:00 p.m. at Pelican Bay
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State Prison.
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On May 7, 2013, Plaintiff filed a letter regarding the appointment of pro bono counsel,
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which was mentioned in the Court's summary judgment. That order made reference to
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"appoint[ing] counsel" for Plaintiff in a "separate order." (Mar. 29, 2013 Order at note 10.)
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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
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will not appoint pro bono counsel to represent Plaintiff during settlement proceedings; Plaintiff
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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
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The Clerk of the Court shall provide a copy of this Order to Magistrate Judge Vadas.
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IT IS SO ORDERED.
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DATED: 5/21/13
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_______________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge
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For the Northern District of California
United States District Court
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G:\PRO-SE\SBA\CR.09\Madsen5457.settlementSCHED.frm
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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RICK MADSEN,
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Plaintiff,
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v.
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SUE E. RISENHOOVER et al,
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Defendant.
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Case Number: CV09-05457 SBA
CERTIFICATE OF SERVICE
/
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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.
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That on May 23, 2013, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies)
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in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the
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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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Rick Madsen E10400
Pelican Bay State Prison
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P.O. Box 7500
5905 Lake Earl Drive
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Crescent City, CA 95531
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Dated: May 23, 2013
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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk
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G:\PRO-SE\SBA\CR.09\Madsen5457.settlementSCHED.frm
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