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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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 BRENT LUIS GONZALEZ, 12 Plaintiff, 13 v. 14 15 16 AHMED, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-5654 LHK (PR) ORDER GRANTING PLAINTIFF’S MOTION TO APPOINT COUNSEL (Docket Nos. 81, 86) 17 18 Plaintiff, a state prisoner proceeding pro se, filed an amended complaint (“AC”) under 42 19 U.S.C. § 1983, arguing that Defendants retaliated against him, and were deliberately indifferent 20 to his serious medical needs, in violation of the First and Eighth Amendments. On November 21 14, 2011, Defendants filed a motion for summary judgment. On September 11, 2012, the Court 22 granted in part and denied in part Defendants’ motion for summary judgment. The case was then 23 referred to Magistrate Judge Nandor Vadas for mediation. On December 5, 2012, Judge Vadas 24 reported that the case did not settle. 25 Plaintiff has filed a motion for an extension of time to respond to the Court’s order 26 granting in part Defendants’ motion for summary judgment, and dismissing his retaliation claim 27 against Defendants Drs. Chudy and Sepulveda. (Docket No. 81.) Plaintiff’s motion is 28 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 1 2 leave of the court). Plaintiff has also moved for appointment of counsel. (Docket No. 86.) It appears that the 3 case will be tried. The Court concludes that counsel should be appointed, and GRANTS 4 Plaintiff’s motion. This matter is referred to the Federal Pro Bono Project to find counsel. 5 The Clerk shall forward to the Federal Pro Bono Project: (i) a copy of this order, (ii) a 6 copy of the docket sheet, and (iii) a copy of the operative complaint and relevant Court orders. 7 Upon an attorney being located to represent Plaintiff, that attorney shall be appointed as counsel 8 for Plaintiff in this matter until further order of the Court. All proceedings in this action are 9 stayed until four weeks from the date an attorney is appointed to represent Plaintiff. 10 11 12 IT IS SO ORDERED. DATED: 1/9/13 LUCY H. KOH United States District Judge 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\Gonzalez654refprobono.wpd 2

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