Sturgis v. Rupf et al

Filing 74

ORDER by Judge Lucy H. Koh granting 73 Motion to Appoint Counsel (Attachments: # 1 certificate of service) (mpb, COURT STAFF) (Filed on 6/13/2012)

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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 11 LAMOS WAYNE STURGIS, 12 Plaintiff, 13 v. 14 15 DEPUTY SHERIFF DROLLETE, et al., 16 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-3680 LHK (PR) ORDER GRANTING PLAINTIFF’S MOTION TO APPOINT COUNSEL (Docket No. 73) 17 Plaintiff, a state prisoner, filed an amended pro se prisoner complaint under 42 U.S.C. 18 § 1983, arguing that Defendants used excessive force upon him, in violation of the Eighth 19 Amendment. On January 24, 2012, the Court denied Defendants’ motion for summary 20 judgment. The case was then referred to Magistrate Judge Nandor Vadas for mediation. On 21 May 22, 2012, Judge Vadas reported that the case did not settle. 22 Plaintiff has moved for appointment of counsel. It appears that the case will be tried. 23 The Court concludes that counsel should be appointed, and grants Plaintiff’s motion. This 24 matter is referred to the Federal Pro Bono Project to find counsel. 25 The Clerk shall forward to the Federal Pro Bono Project: (i) a copy of this order, (ii) a 26 copy of the docket sheet, and (iii) a copy of the operative complaint and relevant Court orders. 27 Upon an attorney being located to represent Plaintiff, that attorney shall be appointed as counsel 28 Order Granting Plaintiff’s Motion to Appoint Counsel G:\PRO-SE\SJ.LHK\CR.10\Sturgis680refprobono.wpd 1 for Plaintiff in this matter until further order of the Court. All proceedings in this action are 2 stayed until four weeks from the date an attorney is appointed to represent Plaintiff. 3 4 5 IT IS SO ORDERED. DATED: 6/12/12 LUCY H. KOH United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Plaintiff’s Motion to Appoint Counsel G:\PRO-SE\SJ.LHK\CR.10\Sturgis680refprobono.wpd 2

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