Battle v. Carroll et al

Filing 31

DECISION AND ORDER ASSIGNING Kevin P. Wicka, Esq. pro bono, to represent the Plaintiff in this case. FURTHER, the Clerk of Court is DIRECTED to send a copy of this Order and the Guidelines Governing Reimbursement from the District Court Fund of Expenses. FURTHER, a Status conference is scheduled for 11/8/2012 at 9:00 AM before William M. Skretny, Chief Judge U.S.D.C. Signed by William M. Skretny, Chief Judge U.S.D.C. on 10/29/2012. (CMD)

-PS-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

OLA M. BATTLE,
Plaintiff,
DECISION and ORDER
11-CV-0624S(Sc)

-vDAVID CARROLL, et al.,
Defendants.

Plaintiff has filed a pro se complaint under 42 U.S.C. § 2000e and New York
Executive Law, § § 290-297, and has requested appointment of counsel pursuant to 42
U.S.C. § 2000e-5(f)(1) and 28 U.S.C. § 1915(e)(1). (Docket No. 29.) This Court is
required to see that all litigants receive proper representation of counsel under the criteria
set forth in Jenkins v. Chemical Bank, 721 F.2d 876 (2d Cir. 1983) and Cooper v. A.
Sargenti Co., 877 F.2d 170 (2d Cir. 1989). 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 Kevin P. Wicka, Esq. of Brown & Tarantino,
1500 Liberty Building, Buffalo, New York 14202, pro bono, to faithfully and diligently
represent plaintiff in this case.
The file in this matter that is currently available through PACER on the Court’s Case
Management/Electronic Case Management System and the undersigned 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 shall also send to Mr. Wicka, with a copy of this order, the Guidelines Governing
Reimbursement from the District Court Fund of Expenses Incurred by Court Appointed
Counsel.1

A Status Conference is scheduled for November 8, 2012 at 9:00 am to

discuss further proceedings in the case.
SO ORDERED
Dated:

October 29, 2012
Buffalo, New York
s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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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/document/fundreimbvoweb.pdf.

2