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-

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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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