Opinion
22-cv-02454 BLF (PR)
01-22-2024
ANTHONY WASHINGTON, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, et al., Defendants.
ORDER APPOINTING COUNSEL FOR LIMITED PURPOSE; REFERRING MATTER TO SETTLEMENT PROCEEDINGS; CONTINUING STAY; INSTRUCTIONS TO CLERK
BETH LABSON FREEMAN United States District Judge.
Plaintiff, a state prisoner, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, against an officer at the Salinas Valley State Prison (“SVSP”) where he was formerly incarcerated. The amended complaint is the operative complaint in this action. Dkt. No. 17. On October 6, 2023, the Court referred this matter for settlement proceedings before Magistrate Judge Robert M. Illman. Dkt. No. 32. After a settlement conference on January 4, 2024, Judge Illman indicated that the matter did not settle. Dkt. No. 36. The Court found good cause to appoint counsel for the limited purpose of assisting Plaintiff in further settlement proceedings and referred the matter to the Federal Pro Se Program to find counsel if possible. Dkt. No. 37.
The Federal Pro Se Program has informed the Court that Ruby Kazi and Matthew P. Farrell of Benesch Friedlander Coplan & Aronoff LLP, located at 100 Pine Street, Suite 3100, San Francisco, CA 94111, have agreed to serve as appointed pro bono counsel for Plaintiff for the limited purpose described above. Thus Ruby Kazi and Matthew P. Farrell are hereby APPOINTED as counsel for Plaintiff pursuant to § 1915(e)(1) and the Court's Federal Pro Bono Project guidelines, for the limited purpose of assisting in further settlement proceedings.
For the reasons stated above, the instant case is again REFERRED to Judge Robert M. Illman pursuant to the Pro Se Prisoner Settlement Program for further settlement proceedings on the claims in this action. The proceedings shall take place within ninety (90) days of the filing date of this order. Judge Illman shall coordinate a time and date for a settlement conference with all interested parties or their representatives and, within ten (10) days after the conclusion of the settlement proceedings, file with the court a report regarding the prisoner settlement proceedings.
Other than the settlement proceedings ordered herein, and any matters Magistrate Judge Illman deems necessary to conduct such proceedings, this action shall remain STAYED until further order by the court following the resolution of the settlement proceedings.
The Clerk shall mail a copy of this order to Magistrate Judge Illman in Eureka, California.
IT IS SO ORDERED.