Avery v. Woodford et al

Filing 114

ORDER APPOINTING COUNSEL. Attorney Lori Rifkin for Kyle Whelan Avery Added. Signed by Judge Ronald M. Whyte on 5/16/13. (jg, COURT STAFF) (Filed on 5/16/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KYLE WHELAN AVERY,

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Plaintiff,

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v.
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OFFICER THOMPSON,

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Defendant.

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No. C 03-4233 RMW (PR)
ORDER APPOINTING
COUNSEL

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Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint under 42 U.S.C.
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§ 1983, arguing that Officer Thompson violated plaintiff’s First Amendment rights. On June 24,
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2011, the Court denied defendant’s motion for summary judgment, and denied plaintiff’s motion
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for summary judgment. The case was then referred to Magistrate Judge Nandor Vadas for
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mediation. After settlement proceedings proved unsuccessful, the court granted Plaintiff’s
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motion to appoint counsel and referred this matter to the Federal Pro Bono Project of the
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Volunteer Legal Services Program (“VLSP”) to locate counsel.
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The VLSP has informed the court that Lori Rifkin, located at 315 Montgomery St., 10th
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Floor, San Francisco, CA 94104, has agreed to serve as appointed pro bono counsel for plaintiff.
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Thus, Lori Rifkin is hereby APPOINTED as counsel for plaintiff pursuant to 28 U.S.C.
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§ 1915(e)(1) and the court’s Federal Pro Bono Project guidelines. The scope of this referral shall
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Order Appointing Counsel
G:\PRO-SE\SJ.Rmw\CR old\CR.03\Avery233appt-counsel.wpd

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be for all purposes for the duration of the case.
The clerk shall set this matter for a case management conference within 90 days of the
filing date of this order.
IT IS SO ORDERED.
DATED:
RONALD M. WHYTE
United States District Judge

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Order Appointing Counsel
G:\PRO-SE\SJ.Rmw\CR old\CR.03\Avery233appt-counsel.wpd

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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.

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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.
That on May 16, 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: May 16, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk