Urdaneta v. Artus et al
Filing
16
ORDER appointing Mark A. Moldenhauer for Luis Urdaneta.. Signed by Hon. Leslie G. Foschio on 12/22/2011. (SDW)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
LUIS URDANETA,
Plaintiff,
ORDER
v.
11-CV-271F
DALE ARTUS,
PATRICK KELLEHER,
Defendants.
Plaintiff has filed a pro se complaint under 42 U.S.C. § 1983 and has requested
appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1). This Court is required to
see that all litigants receive proper representation of counsel under the criteria set forth
in Cooper v. A. Sargenti Co., 877 F.2d 170 (2d Cir. 1989), and Hodge v. Police Officers,
802 F.2d 58 (2d Cir. 1986). In addition, courts have the inherent authority to assign
counsel to represent private indigent litigants. See In re Smiley, 36 N.Y.2d 433, 438
(1975).
More importantly, each lawyer — especially those who are admitted to practice
in federal court and who therefore are in a position to reap the benefits of such practice
— has an ethical obligation under the Code of Professional Responsibility to provide
pro bono services for the poor. New York Code of Professional Responsibility, Canon
2, EC 2-16; EC 2-25. "Every lawyer, regardless of professional prominence or
professional workload, should find time to participate in serving the disadvantaged." EC
2-25. In addition, Rule 83.1(g) of the Local Rules of Civil Procedure provides as
follows:
Every member of the bar of this Court shall be available
upon the Court’s request for appointment to represent or
assist in the representation of indigent parties.
Appointments under this rule shall be made in a manner
such that no attorney shall be requested to accept more
than one appointment during any twelve month period.
It is in this spirit that the Court assigns Mark A. Moldenhauer, Esq., Bond,
Schoeneck & King, PLLC, 40 Fountain Plaza, Key Center, Suite 600, Buffalo, NY
14202-2200,716-566-2800,pro bono, to faithfully and diligently represent plaintiff in this
case.
The Chief Judge of the Court will also issue an Order directing PACER to waive
its fees so pro bono counsel can access and print at no cost to him or his firm any other
documents filed herein that he may need.
The Clerk of the Court is directed to copy the file in this matter and send it to Mr.
Moldenhauer, together with a copy of this order and the Guidelines Governing
Reimbursement from the District Court Fund of Expenses Incurred by Court Appointed
Counsel.1
SO ORDERED.
/s/ Leslie G. Foschio
________________________________
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: December 22, 2011
Buffalo, New York
1
This inform ation and the form s are also available on the Court’s web site at the Attorney
Inform ation link from the hom e page located at < http://www.nywd.uscourts.gov/>.
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