1 DISTRICT OF NEVADA 2 KENNETH MARTIN, Case No. 3:22-cv-00491-ART-CLB 3 Plaintiff, ORDER 4 v.

5 CHARLES DANIELS, et al.,

6 Defendants.

7 8 I. DISCUSSION 9 On January 12, 2023, this Court issued a screening order permitting 10 Plaintiff’s ADA and Eighth Amendment excessive force claims to proceed against 11 various Defendants. (ECF No. 7 at 9.) The screening order also granted Plaintiff’s 12 motion for appointment of counsel and referred the case to the Pro Bono Program 13 for appointment of counsel “for all purposes through the conclusion of trial, if 14 possible; or for the limited purpose of assisting Plaintiff with mediation.” (Id. at 15 7-8). The Court noted that, if counsel was not appointed within 90 days, any 16 party could move to hold a status conference to address the matter of securing 17 counsel. (Id. at 9). The Court also stayed the case for 120 days and referred the 18 case to the Inmate Early Mediation Program. (Id.) 19 It has been over 120 days and counsel has not been appointed, there has 20 been no inmate mediation, and no party moved for a status conference. After 21 conferring with the Pro Bono Program Coordinator, the Court has learned that 22 there are no attorneys willing to take this case pro bono at this stage of the 23 litigation. Although a pro bono attorney may have been helpful at the mediation 24 stage, the Court recognizes that the Inmate Early Mediation Program occurs prior 25 to service and is an opportunity for the parties to settle their dispute before the 26 Court assesses the filing fee, an answer is filed, and the discovery process begins. 27 Thus, under the Court’s inherent power to control its docket, this case will 28 proceed to mediation without the appointment of pro bono counsel. Ready 1 Transp., Inc. v. AAR Mfg., Inc.,

(9th Cir. 2010). If the parties 2 do not settle at the inmate early mediation, this case will proceed onto the normal 3 litigation track. If this case proceeds onto the normal litigation track, Plaintiff 4 may renew his motion for appointment of counsel if he can demonstrate 5 exceptional circumstances at that time. 6 II. CONCLUSION 7 It is therefore ordered that this case is stayed for another 60 days to allow 8 Plaintiff and Defendant(s) an opportunity to settle their dispute before the 9 $350.00 filing fee is paid, an answer is filed, or the discovery process 10 begins. During this 60-day stay period and until the Court lifts the stay, no other 11 pleadings or papers may be filed in this case, and the parties will not engage in 12 any discovery, nor are the parties required to respond to any paper filed in 13 violation of the stay unless specifically ordered by the Court to do so. 14 This case is referred to the Court’s Inmate Early Mediation Program, and 15 the Court will enter a subsequent order. Regardless, on or before 60 days from 16 the date this order is entered, the Office of the Attorney General will file a status 17 report regarding the results of the 60-day stay, even if a stipulation for dismissal 18 is entered prior to the end of the 60-day stay. If the parties proceed with this 19 action, the Court will then issue an order setting a date for Defendants to file an 20 answer or other response. Following the filing of an answer, the Court will issue 21 a scheduling order setting discovery and dispositive motion deadlines. 22 “Settlement” may or may not include payment of money damages. It also 23 may or may not include an agreement to resolve Plaintiff’s issues differently. A 24 compromise agreement is one in which neither party is completely satisfied with 25 the result, but both have given something up and both have obtained something 26 in return. 27 It is further ordered that Plaintiff’s application to proceed in forma pauperis 28 for prisoners (ECF No. 4) is denied as moot because he is no longer incarcerated. 1 It is further ordered that the Clerk of the Court will send Plaintiff the 2 || approved form application to proceed in forma pauperis by a non-prisoner, as well 3 || as the document entitled information and instructions for filing an in forma 4 || pauperis application. 5 It is further ordered that within 60 days of this order, Plaintiff will either: 6 || (1) file a fully complete application to proceed in forma pauperis for non-prisoners; 7 || or (2) pay the full filing fee of $402. 8 It is further ordered that, if Plaintiff fails to timely file an application to 9 || proceed in forma pauperis for a non-inmate or pay the full filing fee, this case will 10 || be subject to dismissal without prejudice. 11 12 DATED THIS 17+ day of May 2023. 13 i dun 14 Ares / Is UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28