Gonzalez v. Ahmed et al

Filing 90

ORDER GRANTING PLAINTIFF'S MOTION TO APPOINT COUNSEL by Judge Lucy H. Koh denying 81 Motion for Extension of Time to File; granting 86 Motion to Appoint Counsel (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 1/10/2013)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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BRENT LUIS GONZALEZ,

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Plaintiff,

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v.
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AHMED, et al.,
Defendants.

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No. C 10-5654 LHK (PR)
ORDER GRANTING
PLAINTIFF’S MOTION TO
APPOINT COUNSEL

(Docket Nos. 81, 86)

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Plaintiff, a state prisoner proceeding pro se, filed an amended complaint (“AC”) under 42

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U.S.C. § 1983, arguing that Defendants retaliated against him, and were deliberately indifferent

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to his serious medical needs, in violation of the First and Eighth Amendments. On November

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14, 2011, Defendants filed a motion for summary judgment. On September 11, 2012, the Court

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granted in part and denied in part Defendants’ motion for summary judgment. The case was then

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referred to Magistrate Judge Nandor Vadas for mediation. On December 5, 2012, Judge Vadas

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reported that the case did not settle.

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Plaintiff has filed a motion for an extension of time to respond to the Court’s order

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granting in part Defendants’ motion for summary judgment, and dismissing his retaliation claim

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against Defendants Drs. Chudy and Sepulveda. (Docket No. 81.) Plaintiff’s motion is

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DENIED. See N.D. Civil L.R. 7-9(a) (no motion for reconsideration may be sought without
Order Granting Plaintiff’s Motion to Appoint Counsel
G:\PRO-SE\SJ.LHK\CR.10\Gonzalez654refprobono.wpd

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leave of the court).
Plaintiff has also moved for appointment of counsel. (Docket No. 86.) It appears that the

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case will be tried. The Court concludes that counsel should be appointed, and GRANTS

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Plaintiff’s motion. This matter is referred to the Federal Pro Bono Project to find counsel.

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The Clerk shall forward to the Federal Pro Bono Project: (i) a copy of this order, (ii) a

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copy of the docket sheet, and (iii) a copy of the operative complaint and relevant Court orders.

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Upon an attorney being located to represent Plaintiff, that attorney shall be appointed as counsel

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for Plaintiff in this matter until further order of the Court. All proceedings in this action are

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stayed until four weeks from the date an attorney is appointed to represent Plaintiff.

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IT IS SO ORDERED.
DATED: 1/9/13
LUCY H. KOH
United States District Judge

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Order Granting Plaintiff’s Motion to Appoint Counsel
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