Fabricio v. Lee et al

Filing 143

ORDER GRANTING REQUEST FOR PRO BONO COUNSEL: For the foregoing reasons, the Clerk of Court is directed to attempt to locate pro bono counsel to represent plaintiff for the purpose of trial. The Court advises Plaintiff there are no funds to retain cou nsel in civil cases and the Court relies on volunteers. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent Plaintiff. Nevertheless, this litigation will progress at a normal pace. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and Plaintiff should be prepared to proceed with the case pro se. Of course, if an attorney o ffers to take the case, it is entirely Plaintiff's decision whether to retain that attorney or not. Under the Court's Standing Order regarding the Creation and Administration of the Pro Bono Fund (16-MC-0078), pro bono counsel may apply to the Court for reimbursement of certain out-of-pocket expenses spent in furtherance of plaintiff's case. The Pro Bono Fund is especially intended for attorneys for whom pro bono service is a financial hardship. See http://www.nysd.circ2.dcn/docs/ prose/pro_bono_fund_order.pdf. To allow the Clerk time to locate pro bono counsel, the January 30, 2020, conference is adjourned to April 3, 2020, at 9:30 a.m. The Clerk is further directed to (i) terminate the motion (Doc. #142) and (ii) mail a copy of this Order to plaintiff at the address on the docket. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Cop pedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. Motions terminated: 142 APPLICATION for the Court to Request Counsel filed by Ederick Fabricio. (Status Conference set for 4/3/2020 at 09:30 AM before Judge Vincent L. Briccetti.) (Signed by Judge Vincent L. Briccetti on 1/2/2020) (mml) Transmission to Docket Assistant Clerk for processing.