Smith v. Mendoza et al

Filing 75

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 12 13 14 15 16 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) 17 18 Plaintiff, a California prisoner proceeding pro se, filed the instant civil rights action 19 pursuant to 42 U.S.C. § 1983 against officers at the Correctional Training Facility 20 (“CTF”), where he is currently housed. Dkt. No. 1. Finding the complaint stated 21 cognizable claims, the Court ordered service upon Defendants at CTF. Dkt. No. 3. The 22 Court granted in part and denied in part Defendants’ first summary judgment motion, such 23 that only the following claims remained: First Amendment claim against Defendant Perez- 24 Pantoja, and the First and Eighth Amendment claims against Defendant Zavala. Dkt. No. 25 45. Defendant Zavala was permitted to file a separate summary judgment. Id. After duly 26 considering the submitted briefs on the matter, the Court denied Defendant Zavala’s 27 summary judgment motion, and referred the matter for settlement proceedings on the 28 remaining claims against Defendants Perez-Pantoja and Zavala. Dkt. No. 68. On April 1 13, 2022, Magistrate Judge Robert M. Illman docketed a minute entry stating that the 2 parties were unable to reach an agreement. Dkt. No. 72. Therefore, it appears that this 3 matter will proceed to trial. This matter is referred to Haohao Song of the Federal Pro Se Program to find 4 5 counsel if possible. Upon an attorney being located to represent Plaintiff, that attorney 6 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) 7 8 a copy of the docket sheet, and (3) a copy of the operative complaint and relevant court 9 orders. Dkt. Nos. 1, 3, 45, 68. In light of this order, Plaintiff’s motion for appointment of counsel is DENIED as 10 United States District Court Northern District of California 11 moot. Dkt. No. 73. 12 The Clerk shall terminate Docket Nos. 701 and 73. 13 All proceedings in this action are STAYED until further notice. 14 IT IS SO ORDERED. 15 Dated: __May 9, 2022___________ 16 ________________________ BETH LABSON FREEMAN United States District Judge 17 18 19 20 21 22 23 24 Order Referring Matter to FPSP PRO-SE\BLF\CR.19\03750Smith_refer.fpsp 25 26 27 28 1 The motion filed under Docket No. 70 should be terminated pursuant to Judge Illman’s order under Docket No. 71. 2

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