Frederick v. Shehan et al

Filing 50

DECISION & ORDER denying without prejudice 48 Motion to Appoint Counsel. It is plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. Signed by Hon. Marian W. Payson on 12/17/2012. (KAH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

MICHAEL FREDERICK,
DECISION & ORDER
Plaintiff,
10-CV-6527CJS
v.
MICHAEL SHEHAN, et al,
Defendants.

On October 25, 2010, pro se plaintiff Michael Frederick (“plaintiff”) filed an
amended complaint pursuant to 42 U.S.C. § 1983 alleging, inter alia, that defendants denied him
due process rights in violation of the Fourteenth Amendment and used excessive force against
him in violation of the Eighth Amendment. (Docket # 4). Currently before this Court is
plaintiff’s third motion for the appointment of counsel. (Docket # 48).
Plaintiff’s previous motions for appointment of counsel were denied on the
grounds that the legal issues in the case did not appear to be complex, it did not appear that
conflicting evidence would implicate the need for extensive cross-examination at trial and
plaintiff’s case did not present any special reasons justifying the assignment of counsel. (Docket
# 28). In the present motion, plaintiff has asserted that the legal issues presented by this case are
complex and that the case will likely involve conflicting testimony; however, plaintiff has not
adduced any facts to support these assertions. Accordingly, for the reasons set forth in this
Court’s previous order, plaintiff’s motion for the appointment of counsel (Docket # 48) is

DENIED without prejudice at this time. It is the plaintiff’s responsibility to retain an attorney
or press forward with this lawsuit pro se. 28 U.S.C. § 1654.
IT IS SO ORDERED.

s/Marian W. Payson
MARIAN W. PAYSON
United States Magistrate Judge
Dated: Rochester, New York
December 17 , 2012

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