Gagne v Fix

Filing 98

ORDER appointing counsel as to Stephen Gagne. Signed by Hon. Hugh B. Scott on 1/16/2018. (GAI)-CLERK TO FOLLOW UP-(Copy of this Order mailed by first-class mail to: Stephen Gagne, 84-A-4007, ESSEX COUNTY CORRECTIONAL FACILITY, P.O. Box 68, Lewis, NY 12950.)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JAN 1 6 2018
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STEPHEN GAGNE,

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Plaintiff,

11-CV-0361V(Sc)

-V-

ORDER

C.O. FIX, etal..
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).

Additionally, 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 a professional obligation to provide pro bono services for the poor. See New York
Rules of Professional Conduct, Rule 6.1. In addition. Rule 83.1(f) of the Local Rules of
Civil Procedure provides as follows:

Every member of the bar of this Court who maintains, or
whose firm maintains, an office in this District, 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 Member shall be requested to accept more than one
appointment during any twelve-month period.
1

It is in this spirit that the Court assigns R. Scott DeLuca, Esq. of Kavinoky Cook
LLP, 726 Exchange St., # 800, Buffalo, New York 14210, pro bono, to faithfully and
diligently represent plaintiff in this case.

The Clerk of the Court is directed to copy that portion of the file in this matter that
is not currently available through PACER on the Court's Case Management/Electronic

Case Management System, ifany, and send it to Mr. DeLuca, together with a copy of this
order and the Guidelines Governing Reimbursement from the District Court Fund of

Expenses Incurred by Court Appointed Counsel.^ 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.
Plaintiffs attorney is directed to contact the Court by February 16, 2018 to request a date
for a status conference to discuss further proceedings in the case.
SO ORDERED.

Hugh B. Scott
United States Magistrate Judge

DATED: _

, 2018
Buffalo, NY

^This information and the forms are also available on the Court's web site at the Attorney Information link
from the home page located at: http://www.nywd.uscourts.g0v//pro-bono-program-distriot-court-fund.