Polk v. Olles et al
ORDER granting 26 Motion to Appoint Counsel; Appointed Parker Roy MacKay for Quinndale Polk. Signed by Hon. Leslie G. Foschio on 6/16/2014. -CLERK TO FOLLOW UP-(SDW)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
CORRECTION OFFICER ANTHONY J. OLLES,
CORRECTION OFFICER SEAN P. WHITE,
LIEUTENANT RICHARD E. SIMMONS,
PAUL CHAPPIUS, JR.,
Plaintiff has filed a pro se complaint under 42 U.S.C. § 2000e and has requested
appointment of counsel pursuant to 42 U.S.C. § 2000e-5(f)(1) and 28 U.S.C. §
1915(e)(1) (Doc. No. 26). 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).
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. 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 Parker R. MacKay, Esq. 3110 Delaware
Avenue, Kenmore, New York, 14217, 716-803-8166, 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 Mr. MacKay, 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 can access and
print at no cost to him or his firm any other documents filed herein that he may need.
/s/ Leslie G. Foschio
LESLIE G. FOSCHIO
UNITED STATES MAGISTRATE JUDGE
Dated: June 16, 2014
Buffalo, New York
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 .
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