(PC) Johnson v. Mata ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 MICHAEL JOHNSON, No. 2:22-cv-0613 KJM KJN P 11 Plaintiff, 12 v. ORDER APPOINTING LIMITED PURPOSE COUNSEL 13 LT. J. MATA, et al., 14 Defendants. 15 Plaintiff, a federal inmate formerly housed at the Federal Correctional Institution in 16 Herlong, California (“FCI Herlong”), filed this civil rights action pursuant to Bivens v. Six 17 Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The court finds the 18 appointment of counsel for plaintiff is warranted for the limited purpose of drafting and filing an 19 amended complaint, if possible, taking account of the court’s order filed on April 10, 2023. See 20 ECF No. 61. Laura A. Neacato has been selected from the court’s pro bono attorney panel to 21 represent plaintiff for this limited purpose and has agreed to be appointed. 22 Accordingly, IT IS HEREBY ORDERED: 23 1. Laura A. Neacato is appointed as limited purpose counsel for plaintiff in the above titled 24 matter. This appointment is for the limited purpose of investigating the claim, then 25 drafting and filing an amended complaint that: (1) more appropriately classifies plaintiff’s 26 alleged harms under the already recognized context of Eighth Amendment medical need 27 claim, and (2) clears up what processes the Bureau of Prisons might have used in first 28 1 assessing his claims. The amended complaint shall be filed within 120 days from the date 2 of this order. 3 2. Laura A. Neacato’s appointment will terminate when plaintiff’s amended complaint is 4 filed, or a notice that an amended complaint would not be appropriate is filed. 5 3. Appointed counsel shall notify Sujean Park via email at spark@caed.uscourts.gov if she 6 has any questions related to the appointment. 7 4. The Clerk of the Court is directed to serve a copy of this order upon Laura A. Neacato, 8 Delfino Madden, 500 Capitol Mall, Suite 1550, Sacramento, CA 95814. 9 | DATED: April 11, 2023. 1] CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28