Fain v. Lumpkin, et al

Filing 41

ORDER APPOINTING Counsel, IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1915(e)(1), the following attorney is appointed to represent Plaintiff in this case attorney Christopher S. Johns. Mr. Johns contact Plaintiff within 14 days of this Order regarding the appointment. Signed by Judge Elizabeth S. Chestney. (wg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
SAN ANTONIO DIVISION
ROGER EUGENE FAIN,
Plaintiff,
vs.
BOBBY LUMPKIN, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL
JUSTICE; JOHN B. CONNALLY UNIT
ADMINISTRATION, STAFF
MEMBERS, TEXAS DEPARTMENT OF
CRIMINAL JUSTICE, PHONSO
RAYFORD, CASEY CELUM, RUSSELL
BRILEY, SENIOR CHAPLAIN; AND
RAUL ANDRADE,
Defendants.

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SA-20-CV-01149-DAE

ORDER APPOINTING COUNSEL
Before the Court is the above-styled cause of action, an inmate civil rights case filed by
Plaintiff Roger Eugene Fain, alleging a violation of his civil rights pursuant to 42 U.S.C. § 1983.
Plaintiff filed this lawsuit pro se as an inmate in the custody of the Texas Department of
Criminal Justice (“TDCJ”) at the John B. Connally Unit. Plaintiff alleges that as a Native
American Indian by heritage, he is the process of learning about his heritage and is growing his
hair, and Defendants have harassed him and told him to cut his hair in violation of the Religious
Land Use and Institutionalized Persons Act (“RLUIPA”). Plaintiff seeks injunctive relief in the
form of being allowed to grow his hair in accordance with his religion.
The record reflects that Defendant Bobby Lumpkin, director of TDCJ’s Criminal
Institutions Division, and TDCJ have determined that the injunctive relief Plaintiff seeks in this
lawsuit—to grow his hair in accordance with his Native American religious beliefs—will be
permitted upon satisfactory fulfillment of several conditions. Defendants have indicated that
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TDCJ’s settlement offer is in the process of being communicated to Plaintiff. Defendants
believe Plaintiff’s lawsuit will become moot upon acceptance of the offer.
After Defendants filed their status report on settlement, the Court referred this matter to
the undersigned to conduct a non-binding settlement conference/mediation [#40].

The

undersigned has reviewed the referral and determined that the appointment of counsel for
Plaintiff for the limited purpose of conducting the mediation is warranted. The Court will, by
separate order, schedule a telephonic conference with the attorneys to schedule the mediation.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1915(e)(1), the
following attorney is appointed to represent Plaintiff in this case:
Christopher S. Johns
Johns & Counsel, PLLC
14101 Highway 290 West, Suite 400A
Austin, Texas 78737
512-399-3150
[e-mail]
IT IS FURTHER ORDERED that Mr. Johns contact Plaintiff within 14 days of this
Order regarding the appointment. The Court provides appointed counsel with the following
resources issued by TDCJ to assist him in his representation of Plaintiff:
TDCJ Policy on Inmate Access to Counsel:
https://www.tdcj.texas.gov/documents/policy/BP0381.pdf
TDCJ Attorney/Inmate Telephone Call Application:
https://www.tdcj.texas.gov/documents/policy/I-162_Form.pdf
TDCJ Attorney Visit Application
https://www.tdcj.texas.gov/documents/policy/I-164_Form.pdf

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IT IS SO ORDERED.
SIGNED this 26th day of April, 2021.

ELIZABETH S. ("BETSY") CHESTNEY
UNITED STATES MAGISTRATE JUDGE

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