Manriquez v. Vangilder et al

Filing 42

ORDER STAYING ACTIONS; ADDRESSING PENDING MOTIONS. Signed by Judge Haywood S. Gilliam, Jr. on 7/31/2017. (ndrS, COURT STAFF) (Filed on 7/31/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ORDER STAYING ACTIONS;
ADDRESSING PENDING
MOTIONS

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DANIEL CISNEROS,
Plaintiff,

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United States District Court
Northern District of California

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v.

Case No. 16-cv-00735-HSG (PR)
Re: Dkt. No. 46

J. VANGILDER, et al.,
Defendants.

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DANIEL MANRIQUEZ,
Plaintiff,

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Case No. 16-cv-1320-HSG (PR)

v.
J. VANGIDLER, et al.,
Defendants.

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By order entered October 19, 2016, the Court related the above-referenced cases as well as
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two others cases (Falla v. Ducart, et al., No. C 16-0869 HSG (PR) and Chaidez v. Vangilder, et
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al., No. C 16-1330 HSG (PR)), all of which arise from a June 4, 2015 incident at Pelican Bay
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State Prison during which a chemical grenade was discharged near plaintiffs’ cells. On January

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27, 2017, the Court referred the actions for early settlement proceedings before Magistrate Judge
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Nandor Vadas and administratively closed the files pending settlement proceedings. A settlement
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was reached in Falla v. Ducart, et al., No. C 16-0869 HSG (PR) and Chaidez v. Vangilder, et al.,
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No. C 16-1330 HSG (PR), and stipulations for voluntary dismissal closing those actions were
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entered.
After Judge Vadas reported that the two remaining above-referenced actions did not settle,

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the Court re-opened said actions. Plaintiff in Manriquez v. Vangilder, et al., No. 16-1320 HSG

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(PR) has obtained counsel. Plaintiff in Cisneros v. Vangilder, et al., No. C 16-0735 HSG (PR) is

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proceeding pro se but has filed a motion for appointment of counsel.

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Upon review of the record and the briefing, the Court has determined that the appointment

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of pro bono counsel would benefit the Court’s review. The Court by this order expresses no

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opinion as to the merits of these remaining actions.

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Accordingly, good cause appearing,

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1.

Plaintiff Cisneros’s motion for appointment of counsel is GRANTED. Plaintiff in

United States District Court
Northern District of California

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Cisneros v. Vangilder, et al., No. C 16-0735 HSG (PR) is REFERRED to the Federal Pro Bono

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Project for location of pro bono counsel. The Clerk shall forward to the Federal Pro Bono Project

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a copy of this order.

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2.

Upon an attorney being located to represent plaintiff in Cisneros v. Vangilder, et

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al., No. C 16-0735 HSG (PR), that attorney shall be appointed as counsel for said plaintiff in this

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matter until further order of the Court.

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3.

All proceedings in these two remaining actions are stayed until an attorney is

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appointed to represent plaintiff in Cisneros v. Vangilder, et al., No. C 16-0735 HSG (PR). Once

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such attorney is appointed, the Court will schedule a case management conference.

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This order terminates Docket No. 46 in Case No. C 16-0735.

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IT IS SO ORDERED.

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Dated: July 31, 2017

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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