Allen v. Keanen et al
Filing
69
DECISION AND ORDER granting 50 Motion to Appoint Counsel, and appointing Parker R MacKay for Michael Allen. SO ORDERED. Signed by Hon. H. Kenneth Schroeder Jr. on 11/13/2019. (HKG)(A copy of this Decision and Order was mailed to Plaintiff at the following address: Michael Allen, 91-A-4771, ATTICA CORRECTIONAL FACILITY, Box 149, Attica, NY 14011) -CLERK TO FOLLOW UP-
PS
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
___________________________________
MICHAEL ALLEN,
Plaintiff,
-v-
13-CV-718-LJV(HKS)
KEANEN, Lieutenant, et al.,
Defendants
___________________________________
DECISION AND ORDER
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). Dkt. No. 50.
Defendant Johnson has filed an Affidavit in Opposition in which the remaining
Defendants join. Dkt. Nos. 57, 63, 68. 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 are therefore 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:
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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., The Law
Office of Parker R. MacKay, 3110 Delaware Avenue, Kenmore, New York 14217, pro
bono, to faithfully and diligently represent plaintiff in this case. Mr. MacKay has been
advised of and has accepted the appointment as pro bono counsel in this matter
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 Filing System and send it to Parker R. 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.
Judge Vilardo has rendered a decision on Defendants’ Motion for
Summary Judgment (Dkt. No. 51), and all of the Defendants have retained counsel
(Dkt. Nos. 58-62, 64-67). Therefore, this case appears ready for trial. Such trial may be
conducted before Judge Vilardo or, if all of the parties consent, before the undersigned.
1This
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
The attorneys for the parties are directed to contact the Court by
December 17, 2019 to request a date for a status conference to discuss further
proceedings in the case.
SO ORDERED.
DATED:
Buffalo, New York
November 13, 2019
s/ H. Kenneth Schroeder, Jr.__
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge
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