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Penney v. Franco

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 18, 2009

DANA PENNEY, PLAINTIFF,
v.
JON FRANCO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER FINDING APPOINTMENT OF COUNSEL APPROPRIATE, AND SETTING MATTER FOR STATUS HEARING Date: July 2, 2009 Time: 10:00 a.m. Courtroom: 10 (GSA)

Plaintiff is a federal prisoner proceeding pro se with an action for violation of civil rights pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil rights by federal actors. The court finds that appointment of counsel for plaintiff is warranted. Therefore, the court intends to appoint counsel and set this matter for a status hearing. Timothy Magill has been selected by random draw from the court's attorney panel. Both parties shall appear by counsel at the status hearing and be prepared to discuss how this matter should proceed.*fn1

Accordingly, IT IS HEREBY ORDERED that: 1. Timothy Magill shall notify shall notify Sujean Younger, ADR and Pro Bono Program Director, at 916-930-4278, if he is unable to accept appointment in this matter, or if he has any questions related to the appointment.

2. This matter is set for a status hearing at 10:00 a.m. on July 2, 2009 before the undersigned in Courtroom #10. Both parties shall appear by counsel at the status conference and shall be prepared to discuss how this matter should proceed.

3. The Clerk of the Court is directed to serve a copy of this order upon Timothy Magill, Magill Law Offices, 5084 N. Fruit Avenue #106, Fresno, CA 93711.

IT IS SO ORDERED.


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