Colson v. Mingo et al

Filing 120

ORDER: Upon reflection, the Court concludes that Defendants should proceed with their planned motion for summary judgment. See ECF No. 114. Mindful that Defendants had less than one week left to prepare their motion papers when the deadline was extended sine die, see ECF No. 115, Defendants shall file any such motion by February 13, 2023. The Court will reserve judgment on Plaintiff's motion for appointment of counsel until after it sees Defendants' motion. When ruling on the m otion for appointment of counsel, the Court will also set a deadline for Plaintiff to file any opposition to Defendants' motion (and any cross-motion). The Clerk of Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. ( Motions due by 2/13/2023.) (Signed by Judge Jesse M. Furman on 1/30/2023) (tg)

Case 1:18-cv-02765-JMF Document 120 Filed 01/30/23 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
RONALD R. COLSON,
:
:
Plaintiff,
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:
-v:
:
WARDEN MINGO et al.,
:
:
Defendants.
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:
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18-CV-2765 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
Earlier today, the Court withdrew the prior order of reference to the assigned Magistrate
Judge for general pretrial purposes. See ECF No. 119. By endorsement dated August 25, 2022,
the assigned Magistrate Judge had adjourned the summary judgment briefing deadlines in this
case sine die and set a deadline for Plaintiff to file a new motion for appointment of pro bono
counsel by September 30, 2022. See ECF No. 117. On September 27, 2022, Plaintiff filed just
such a motion. See ECF No. 118. It remains pending.
Upon reflection, the Court concludes that Defendants should proceed with their planned
motion for summary judgment. See ECF No. 114. Mindful that Defendants had less than one
week left to prepare their motion papers when the deadline was extended sine die, see ECF No.
115, Defendants shall file any such motion by February 13, 2023. The Court will reserve
judgment on Plaintiff’s motion for appointment of counsel until after it sees Defendants’ motion.
When ruling on the motion for appointment of counsel, the Court will also set a deadline for
Plaintiff to file any opposition to Defendants’ motion (and any cross-motion).
The Clerk of Court is directed to mail a copy of this Order to Plaintiff.
SO ORDERED.
Dated: January 30, 2023
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge