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

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