Smith v. Mendoza et al
Filing
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ORDER REFERRING MATTER TO FEDERAL PRO SE PROGRAM TO LOCATE COUNSEL; STAYING MATTER; TERMINATING PENDING MOTIONS by Judge Beth Labson Freeman. Denying 70 Motion ; Denying 73 Motion to Appoint Counsel. (tsh, COURT STAFF) (Filed on 5/9/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
Northern District of California
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JASON SMITH,
Plaintiff,
v.
J. MENDOZA, et al.,
Defendants.
Case No. 19-03750 BLF (PR)
ORDER REFERRING MATTER TO
FEDERAL PRO SE PROGRAM TO
LOCATE COUNSEL; STAYING
MATTER; TERMINATING
PENDING MOTIONS
(Docket Nos. 70, 73)
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Plaintiff, a California prisoner proceeding pro se, filed the instant civil rights action
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pursuant to 42 U.S.C. § 1983 against officers at the Correctional Training Facility
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(“CTF”), where he is currently housed. Dkt. No. 1. Finding the complaint stated
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cognizable claims, the Court ordered service upon Defendants at CTF. Dkt. No. 3. The
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Court granted in part and denied in part Defendants’ first summary judgment motion, such
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that only the following claims remained: First Amendment claim against Defendant Perez-
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Pantoja, and the First and Eighth Amendment claims against Defendant Zavala. Dkt. No.
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45. Defendant Zavala was permitted to file a separate summary judgment. Id. After duly
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considering the submitted briefs on the matter, the Court denied Defendant Zavala’s
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summary judgment motion, and referred the matter for settlement proceedings on the
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remaining claims against Defendants Perez-Pantoja and Zavala. Dkt. No. 68. On April
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13, 2022, Magistrate Judge Robert M. Illman docketed a minute entry stating that the
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parties were unable to reach an agreement. Dkt. No. 72. Therefore, it appears that this
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matter will proceed to trial.
This matter is referred to Haohao Song of the Federal Pro Se Program to find
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counsel if possible. Upon an attorney being located to represent Plaintiff, that attorney
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shall be appointed as counsel for Plaintiff in this matter until further order of the Court.
The Clerk shall forward to the Federal Pro Se Program: (1) a copy of this order, (2)
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a copy of the docket sheet, and (3) a copy of the operative complaint and relevant court
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orders. Dkt. Nos. 1, 3, 45, 68.
In light of this order, Plaintiff’s motion for appointment of counsel is DENIED as
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United States District Court
Northern District of California
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moot. Dkt. No. 73.
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The Clerk shall terminate Docket Nos. 701 and 73.
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All proceedings in this action are STAYED until further notice.
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IT IS SO ORDERED.
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Dated: __May 9, 2022___________
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________________________
BETH LABSON FREEMAN
United States District Judge
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Order Referring Matter to FPSP
PRO-SE\BLF\CR.19\03750Smith_refer.fpsp
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The motion filed under Docket No. 70 should be terminated pursuant to Judge Illman’s order
under Docket No. 71.
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