Garcia v. Sena

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

VICTOR GARCIA,

Plaintiff,

v. CV No. 20-601 KWR/CG

ALBERT SENA, et al.,

Defendants.

ORDER VACATING SCHEDULE AND FOR A STATUS REPORT

THIS MATTER is before the Court upon the withdrawal of counsel for Plaintiff Victor Garcia. See (Doc. 75). Mr. Garcia, who is now proceeding pro se in this matter, is currently incarcerated. As such, the Court finds good cause to vacate the Scheduling Order, (Doc. 53). Further, given Mr. Garcia’s continuing attempts to retain new counsel, see (Doc. 74 at 1), the Court will order Mr. Garcia to update the Court in writing regarding his efforts to retain counsel by no later than December 21, 2021. If Mr. Garcia is unable to retain counsel within this period of time, the Court will thereafter order discovery to continue by way of a Martinez Report provided by Defendants.1 IT IS THEREFORE ORDERED that the Court’s Scheduling Order, (Doc. 53), is VACATED. IT IS FURTHER ORDERED that Plaintiff Victor Garcia shall update the Court in writing regarding his efforts to retain counsel by no later than December 21, 2021.

1 Courts may order officials to investigate incidents underlying a prisoner’s lawsuit and then to compile and file a report. Martinez v. Aaron, 570 F.2d 317 (10th Cir. 1978); see also Robles v. Schultz, 8-cv-438 JB/KBM, (Doc. 25) (ordering a Martinez Report for incidents occurring at the time of the prisoner’s arrest rather than incidents occurring inside the prison). The purpose of the Martinez Report is to ascertain whether there are any factual or legal bases for the prisoner’s claims. Gee v. Estes, 829 F.2d 1005, 1007 (10th Cir. 1987). IT IS FINALLY ORDERED that the Clerk of the Court is DIRECTED to mail a copy of this Order to Plaintiff Victor Garcia. IT IS SO ORDERED. THE HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE