McCain v. Walsh

Filing 11

ORDER denying 10 Motion to Appoint Counsel. Signed by Hon. Leslie G. Foschio on 8/11/2010. (SDW)

UNITED STATES DISTRICT COURT W ESTERN DISTRICT OF NEW YORK ADRIAN McCAIN, Plaintiff, v. 09-CV-262F NURSE KATHERN WALSH, Defendant. ORDER

By papers filed October 29, 2009 (Doc. No. 10), Plaintiff moves for assignment of counsel. However, as Plaintiff was denied in forma pauperis status on June 6, 2009 by order of Hon. Charles J. Siragusa (Doc. No. 7), this court lacks authority to assign counsel pursuant to 21 U.S.C. § 1915(e)(1). See Cochran v. Thomaides, 2006 WL 2689579 *2 (Sep't 19, 2006 N.D.N.Y.) (assignment of counsel unavailable to pro se civil rights plaintiff absent granting plaintiff in forma pauperis status). Plaintiff has not renewed his request for in forma pauperis status. Accordingly, Plaintiff's motion for assignment of counsel is DENIED without prejudice. SO ORDERED. /s/ Leslie G. Foschio ________________________________ LESLIE G. FOSCHIO UNITED STATES MAGISTRATE JUDGE Dated: August 11, 2010 Buffalo, New York PLAINTIFF IS ADVISED THAT ANY APPEAL OF THIS DECISION AND ORDER MUST BE TAKEN BY FILING WRITTEN OBJECTION WITH THE CLERK OF COURT NOT LATER THAN 14 DAYS AFTER SERVICE OF THIS DECISION AND ORDER IN ACCORDANCE WITH FED.R.CIV.P. 72(a).