Fabian v. Annucci et al

Filing 45

ORDER: ORDERED that the Court's dismissal motion, Dkt. No. 42 , is DENIED. Plaintiff's request for the appointment of counsel, Dkt. No. 44 , is referred to the Hon. Thrse Wiley Dancks, the United States Magistrate Judge assigned in this matter. Signed by Senior Judge Thomas J. McAvoy on 7/12/18. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
ANTHONY FABIAN,
Plaintiff,
v.

9:16-cv-22
(TJM/TWD)

DUBREY, et al.,
Defendants.
_________________________________________
THOMAS J. McAVOY,
Senior United States District Judge

ORDER
The Court issued a motion to dismiss this action pursuant to Local Rule 41.2(b) and
10.1(c)(2) for plaintiff’s failure to update his address and prosecute this action. See, Dkt.
No. 42. Plaintiff responded, providing a notice of change of address to Five Points
Correctional Facility and requesting the appointment of counsel. Dkt. No. 44.
The Court’s dismissal motion, Dkt. No. 42, is DENIED. Plaintiff’s request for the
appointment of counsel, Dkt. No. 44, is referred to the Hon. Thérèse Wiley Dancks, the
United States Magistrate Judge assigned in this matter.
IT IS SO ORDERED.
Dated:July 12, 2018