LionKingzulu v. Jayne et al

Filing 16

-CLERK TO FOLLOW UP- ORDER APPOINTING COUNSEL. Signed by Hon. Jeremiah J. McCarthy on 7/16/13. (Court has mailed a copy of this order to plaintiff).(DAZ)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ARzuL LIONKINGZULU,

ORDER

Plaintifl
l2-cv-0845A(M)
PAUL JAYNE, Corectioos Officer, et al.,
Defendants-

Plaintiffhas frled apro se complaint under 42 U.S.C. $1983 and the Court finds
that the appointment ofcounsel, pusuant to 28 U.S.C. S1915(e)(1), is wanarted at this time.

This Court is required to see that all litigants receive proper reprcsentation of counsel under the
criteria set forth in gaspsryj-Sarge!]ll]1q,87'7 F.2d 170 (2d Cir. 1989), and Hodqe v. Police

Officers,802 F.2d 58 (2d Cir. 1986). In addition, couts have the inherent authodty to assign
counsel to represent pdvate indigent litigants.

SeeInreSmiley,36N.Y.2d433,438(1975).

Additionally, each lawyer especially those who are admitted to practice in
federal court and who therefore are in a position to reap the benelits of such practice

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professional obligationto pto'vide prc bono services for the poor. See New York Rules
Professional Conduct, Rule 6.1. ln addition, Rule 83.1(1) ofthe Local Rules

has a

of

ofCivil Procedure

provides as follows:
Every member of the bar of this Cout who maintains, or rvhose
hrm maintains, an office in this Distdct, shall be available upon the
Cout's request for appointnent 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 ary twelve-month
period.

It is in this

sptuit that the Court assigns Jacob

J Herctek' Esq ofNixon

Peabody

Doao' to faithfirlly and
LLP, 40 Fountain Plaza, Suite 500, Buffalo, New York 14202,1/o

diligenrly represenl plaintiff in this case'
The

Cle* ofthe Court is directed to send to Mr'

Herstek' together

witl

a copy

of

District Coul Fund ofExpenses
this oder, the Guidelines Goveming Reimbusement from the

will also issue an Order
lncured by Cout Appointed Counsel.r The Chief Judge of the Court
print at no cost to him or
directing PACER to waive its fees so prc bono counsel can access and
his fiIm any other documents filed herein that he may need'
the
A Scheduling Conference is scheduled for July 25,2013 at 10:30 am' before
undersigned at the united states couthouse, Allegheny

coutoom, 6th Floor, 2 Niagara squale,

have access to a
Buffalo. New York 14202. Counsel for defendants shall axlange for plaintiffto

telephone and plaintiff s legal papers at that time'
SO ORDERED

Daled: Jul) I6. 201l

ffiffiad:.fccarizFv
Unired States Magistrfte Judge

1

This information anal the forms are also ava;lable on the Court's web site at the Attomey
Infomation link from the home page located at: http://wx'w nywd'uscourts-gov//pro-bono-programdi sftict-court-fund.

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