Crittendon v. Lombardo et al

Filing 194

ORDER. IT IS ORDERED that this case is referred to the Pilot Pro Bono Program adopted in General Order 2017-07 for the purpose of identifying an attorney willing to be appointed as a pro bono attorney for Plaintiff. Signed by Magistrate Judge Brenda Weksler on 2/3/2020. (Copies have been distributed pursuant to the NEF - cc: Pro Bono Liaison - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOSHUA H. CRITTENDON,

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Case No. 2:17-cv-1700-RFB-BNW

Plaintiff,
ORDER
v.
JOE LOMBARDO, et al.,

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Defendants.

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The Court previously reviewed Plaintiff’s request for appointment of counsel and granted

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it. (See ECF No. 136.) The Court referred the case to the Pro Bono Pilot Project and pro bono

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counsel was subsequently appointed for Plaintiff.

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On January 28, 2020, Plaintiff’s pro bono counsel filed an unopposed motion to withdraw.

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(ECF No. 191.) The Court granted this motion. (ECF No. 192.) Accordingly, the Court will refer

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this case to the Court’s Pro Bono Pilot Program to attempt to find another attorney to accept

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Plaintiff’s case.

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Plaintiff should be aware that the federal court has no authority to require attorneys to

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represent indigent litigants in civil cases under 28 U.S.C. § 1915(d). Mallard v. U.S. Dist. Court

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for Southern Dist. of Iowa, 490 U.S. 296, 298 (1989). Rather, when a court “appoints” an

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attorney, it can only do so if the attorney voluntarily accepts the assignment. Id. If counsel is

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found for Plaintiff, the Court will issue an order appointing counsel and counsel will contact

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Plaintiff. Plaintiff is reminded that until counsel is provided, he is still responsible for complying

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with all deadlines in his case.

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IT IS THEREFORE ORDERED that this case is referred to the Pilot Pro Bono Program

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adopted in General Order 2017-07 for the purpose of identifying an attorney willing to be

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appointed as a pro bono attorney for Plaintiff. Plaintiff is reminded that he must comply with all

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deadlines currently set in his case and there is no guarantee that counsel will be appointed. If

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counsel is found, an order appointing counsel will be issued by the Court and Plaintiff will be

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contacted by counsel.

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IT IS FURTHER ORDERED that the Clerk of Court must forward this order to the Pro
Bono Liaison.

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DATED: February 3, 2020

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BRENDA WEKSLER
UNITED STATES MAGISTRATE JUDGE

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