Filing 18

LETTER ORDER/OPINION denying 14 Appeal Magistrate Judge Decision to District Court. Signed by Magistrate Judge Steven C. Mannion on 8/16/2016. (seb)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. ROOM 2064 NEWARK, NJ 07101 973-645-3827 STEVEN C. MANNION UNITED STATES MAGISTRATE JUDGE August 16, 2016 LETTER ORDER/OPINION Re: D.E. 15, Reconsideration of Application for Appointment of Pro Bono Counsel Niblack v. Miglio et al Civil Action No. 16-cv-747 (MCA)(SCM) Dear Litigants: This matter comes before the Court upon review of Plaintiff, Stanley Niblack’s (“Mr. Niblack”) a) Appeal of Denial of Application for Appointment of Pro Bono Counsel,1 and b) his reply to the State’s opposition to his informal motion for Appointment of Pro Bono Counsel.2 Mr. Niblack complains that the Court decided the motion without providing him time to submit a reply, and requests that “the Court … reconsider” his circumstances.3 The Court has reviewed the parties’ pleadings, Mr. Niblack’s Application, the opposition, and now his reply to the opposition.4 Mr. Niblack’s application and reply claims a medical impairment, but those allegations have not been supported with competent medical evidence. Conversely, defendants submitted a declaration from Dr. Ralph Woodward, M.D. who reviewed Mr. Niblack’s medical record and stated, “The medical record does not state nor provide any medical reasons to 1 (ECF Docket Entry No. (“D.E.”) 14). 2 (D.E. 14, Appeal at 2). 3 (D.E. 15, Pl. Reply). 4 (D.E. 1, 8, 10, 15). 1 support Niblack's claim that he cannot or should not write or type nor does the clinician instruct Mr. Niblack to stop writing.” 5 Accordingly, for the reasons set forth in the Court’s July 13, 2016 Order/Opinion6 and the reasons set forth herein, the Application is denied without prejudice. SO ORDERED. 8/16/2016 4:27:31 PM c (via ECF): All Counsel c (via U.S. Mail R.R.R.): Stanley L. Niblack, #923038A/769213 South Woods State Prison 215 South Burlington Road Bridgeton, NJ 08302 5 (D.E. 10, Df. Opposition, Exh. B ¶ 3). 6 (D.E. 12, Opinion). 2

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