Avery v. Woodford et al

Filing 113

ORDER Referring Plaintiff to Federal Pro Bono Project and Staying Proceedings Pending Appointment of Counsel. Motions terminated : 101 MOTION Notice of and Motion to all Parties and the Court for an Order to C.S.P. SAC Litigation Department fo r Transportation to Hearing filed by Kyle Whelan Avery, 104 MOTION to Appoint Counsel filed by Kyle Whelan Avery, 102 MOTION to Vacate filed by Kyle Whelan Avery. Signed by Judge Ronald M. Whyte on 1/22/13. (jg, COURT STAFF) (Filed on 1/22/2013)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 KYLE WHELAN AVERY, 11 Plaintiff, 12 vs. 13 OFFICER THOMPSON, 14 Defendant. 15 ) ) ) ) ) ) ) ) ) ) No. C 03-4233 RMW (PR) ORDER REFERRING PLAINTIFF TO FEDERAL PRO BONO PROJECT AND STAYING PROCEEDINGS PENDING APPOINTMENT OF COUNSEL (Docket Nos. 101, 102, 104) 16 Plaintiff, a state prisoner, filed a pro se prisoner complaint under 42 U.S.C. 17 § 1983, arguing that defendant unlawfully deprived him of property and violated his First 18 Amendment rights to freedom of speech and religion. On October 5, 2010, the court granted in 19 part, and denied defendants’ motion for summary judgment. The court directed the parties to a 20 renewed motion for summary judgment on the remaining First Amendment claims. After 21 briefing, on June 24, 2011, the court denied both parties’ motions for summary judgment. The 22 case was then referred to Magistrate Judge Nandor Vadas for mediation. On October 26, 2011, 23 Magistrate Judge Vadas reported that the case did not settle. 24 Plaintiff has moved for appointment of counsel. It appears that the case will be tried. 25 The court concludes that counsel should be appointed, and grants plaintiff’s motion. This matter 26 is referred to the Federal Pro Bono Project to find counsel. 27 28 The clerk shall forward to the Federal Pro Bono Project: (i) a copy of this order, (ii) a copy of the docket sheet, and (iii) a copy of the operative complaint and relevant court orders. Order Appointing Counsel G:\PRO-SE\SJ.Rmw\CR old\CR.03\Avery233refprobono.wpd 1 Upon an attorney being located to represent plaintiff, that attorney shall be appointed as counsel 2 for plaintiff in this matter until further order of the court. All proceedings in this action are 3 stayed until four weeks from the date an attorney is appointed to represent plaintiff. 4 5 6 7 8 Plaintiff’s motion for an order of transportation and motion to vacate the settlement conference are denied as moot. This order terminates docket numbers 101, 102, and 104. IT IS SO ORDERED. DATED: _________________ RONALD M. WHYTE United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Referring Plaintiff to Federal Pro Bono Project and Staying Proceedings Pending Appointment of Counsel 2 P:\pro-se\sj.rmw\cr.03\Avery233refprobono UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AVERY, Case Number: CV03-04233 RMW Plaintiff, CERTIFICATE OF SERVICE v. WOODFORD ET AL et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 22, 2013, 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. Kyle Whelan Avery E-67897 California Correctional Institution C.S.P. - Richard J. Donovan (RJD) 480 Alta Road P. O. Box 799002 San Diego, CA 92179-9002 Dated: January 22, 2013 Richard W. Wieking, Clerk By: Jackie Lynn Garcia, Deputy Clerk

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