Davis v. Rynkewicz et al

Filing 68

-CLERK TO FOLLOW UP-ORDER granting 67 Motion to Appoint Counsel. Signed by Hon. H. Kenneth Schroeder, Jr on 1/13/2016. (KER)(Mailed to Plaintiff)

PS

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________
LAVAR DAVIS,
11-CV-0431Sr
ORDER

Plaintiff,
-vC.O. JASON RYNKEWICZ,
Defendant.
___________________________________

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). (Docket No. 67.) 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.

It is in this spirit that the Court assigns John Bringewatt, Esq. and Peter Abdella,
Esq. of Harter Secrest & Emery LLP, Twelve Fountain Plaza, Suite 400, Buffalo, New York
14202, 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 and send it to John Bridgewatt, 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 The Chief Judge of the Court will also issue an
Order directing PACER to waive its fees so pro bono counsel, John Bridgewatt, can access
and print at no cost to him or his firm any other documents filed herein that he may need.
SO ORDERED.

DATED:

Buffalo, New York
January 13, 2016
s/ H. Kenneth Schroeder, Jr. _
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge

1

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.gov//pro-bonoprogram-district-court-fund.