Long v. Lain et al
Filing
19
ORDER Appointing Gregory Bonney as counsel to plaintiff. Scheduling Conference set for 5/5/2017 11:30 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Hon. Jonathan W. Feldman. Signed by Hon. Jonathan W. Feldman on 03/21/2017. (JKT)-CLERK TO FOLLOW UP-
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
VINCENT LONG,
Plaintiff,
DECISION AND ORDER
16-CV-6531-EAW-JWF
v.
MAJOR CHRISTOPHER LAIN, et al.,
Defendants.
Plaintiff has
filed a pro se Complaint under 42 U.S.C.
Under 28 U.S.C.
1983 and requested the appointment of counsel.
§
1915 (e),
litigants,
the
Court
may
appoint
counsel
§
to
assist
indigent
see, e.g., Sears, Roebuck & Co. v. Charles Sears Real
865 F.2d 22, 23
Estate, Inc.,
(2d Cir. 1988), and the assignment
of pro bona counsel in civil cases is within the trial Court's
discretion.
In re Martin-Trigona,
737 F.2d 1254 (2d Cir. 1984).
In determining whether to assign counsel,
several factors,
of
substance;
investigate
the
the
Court considers
including whether the claims seem likely to be
whether
facts
issues are complex;
the
pro
se
concerning his
Plaintiff
claim;
is
able
whether the
to
legal
and whether there are special reasons why
the appointment of counsel would be more likely to lead to a
just determination.
(2d Cir.
See Hendricks v.
1997); Hodge v.
Coughlin, 114 F.3 390, 392
Police Officers,
802 F.2d 58
(2d Cir.
1986).
Additionally,
each
lawyer
especially
those
who
are
admitted to practice in federal court and who therefore are in a
position
to
professional
reap
the
benefits
of
practice
has
for
the
In
addition,
Rule
83.l(f)
of
the
pro bona
Local
Rules
of
services
a
See New York Rules of Professional Conduct, Rule 6.1.
poor.
obligation to provide
such
Civil
Procedure
provides that:
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 (1) appointment during any twelve
(12) month period.
With this Order the Court grants
appointment of counsel,
Bonney,
Plaintiff's
request
for
and the Court hereby assigns Gregory L.
Esq. of Bonney Law Firm,
20 West Main Street,
316, Waterloo, NY 13165, pro bona,
P.O. Box
to faithfully and diligently
represent Plaintiff in this case.
The Clerk of Court shall send a copy of this Order to Mr.
Bonney
along
with
this
Court's
Guidelines
Governing
Reimbursement from the District Court Fund of Expenses Incurred
by Court Appointed Counsel. 1
The Chief Judge of this Court will
also issue an Order directing PACER to waive its fees so that
pro bona counsel can access any other documents filed in this
case that he may need.
If any portions of
the
file
in this
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-programdistrict-court-fund.
2
matter
are
not
available
through
PACER
on
Management/Electronic Case Management System,
the
Court's
the Clerk of
Case
the
Court will provide a free copy of any such documents to pro bona
counsel upon request.
A status conference with counsel relative to this matter is
scheduled for May 5, 2017 at 11:30 a.rn. before the undersigned.
IT IS SO ORDERED.
·w. FELDMAN
ited States Magistrate Judge
DATED:
Rochester, New York
March 21, 2017
3
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