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Payne v. Mule Creek State Prison

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 14, 2009

MARK PAYNE, PLAINTIFF,
v.
MULE CREEK STATE PRISON, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On March 19, 2009 the court indicated that it intended to appoint Ms. Catherine Allen as counsel for plaintiff. Ms. Allen has informed the court that she cannot represent plaintiff. Therefore, Ms. Allen will not be appointed.

Because the court finds that appointment of counsel for plaintiff is still warranted, the court intends to appoint counsel and set this matter for a status hearing. Michael Newdow has been selected by random draw from the court's attorney panel to represent plaintiff. If Mr. Newdow needs any additional information regarding this appointment, he should contact Sujean Younger, ADR and Pro Bono Program Director at 916-930-4278. Mr. Newdow and counsel for defendants shall appear at the status hearing scheduled to occur on July 1, 2009 and be prepared to discuss how this matter should proceed.

Accordingly, IT IS HEREBY ORDERED that:

1. This matter is set for a status hearing at 10:00 a.m. on July 1, 2009 before the undersigned in Courtroom #26. Both parties shall appear by counsel at the status conference and shall be prepared to discuss how this matter should proceed.

2. The Clerk of the Court is directed to serve a copy of this order upon Michael Newdow, Post Office Box 233345, Sacramento, CA 95823.

3. The Clerk shall also serve a copy of this order on Catherine Allen, Hunton & Williams, 550 S. Hope Street, Suite 2000, Los Angeles, CA 90071.

20090514

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