Cooper v. New York State Dept. of Corrections and Community Supervision et al

Filing 36

DECISION AND ORDER ASSIGNING William Chen, Esq. pro bono to represent the Plaintiff in this case. FURTHER, the Clerk of Court is DIRECTED to forward a copy of this Order, the Docket Sheet and the Guidelines Governing Reimbursement from the District Court Fund of Expenses to court appointed counsel. FURTHER, a Status Conference is scheduled to be held on 3/4/2015 at 9:00 AM before William M. Skretny, Chief Judge. Signed by William M. Skretny, Chief Judge U.S.D.C. on 1/27/2015. (CMD)

-PS-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

JASON D. COOPER,
Plaintiff,
DECISION and ORDER
12-CV-1227S(Sc)

-vTRAVIS HILL, et al.,
Defendants.

Plaintiff has filed a pro se complaint under 42 U.S.C. § 1983 and has previously
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.
It is in this spirit that the Court assigns William Chen, Esq., 7954 Transit Road,
#241, Williamsville, New York 14221, pro bono, to faithfully and diligently represent plaintiff
in this case.
The Clerk of the Court is directed to forward a copy of this order, the Docket Sheet
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.
A Status Conference is currently scheduled before the undersigned on March 4,
2015 at 9:00 am at the Buffalo Courtroom, 9th Floor, Robert H. Jackson United States
Courthouse, 2 Niagara Square, Buffalo, New York 14202.
SO ORDERED
Dated:

January 27, 2015
Buffalo, New York
s/William M. Skretny
WILLIAM M. SKRETNY
Chief Judge
United States District Court

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-bono-program-district-court-fund.

2