Dublino v. Thomas et al

Filing 31

DECISION & ORDER denying without prejudice 30 Motion to Appoint Counsel. It is the plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. Signed by Hon. Marian W. Payson on 11/5/2018. Copy of this Decision & Order sent by First Class Mail to plaintiff Mark T. Dublino on 11/5/2018 to his address of record. (KAH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
MARK T. DUBLINO,
DECISION & ORDER
Plaintiff,
18-CV-6010L
v.
JAMES THOMAS, et al.,
Defendants.
_______________________________________
On January 4, 2018, pro se plaintiff Mark T. Dublino (“plaintiff”) commenced
this action against the defendants pursuant to 42 U.S.C. § 1983 alleging claims for excessive
force and failure to protect in violation of the Eighth Amendment. (Docket # 12). Currently
pending before this Court is plaintiff’s third motion seeking appointment of counsel. (Docket
# 30). On October 26, 2018, this Court issued a Decision & Order denying plaintiff’s previous
requests for appointment of counsel. (Docket ## 24, 25, 29). Plaintiff’s current motion does not
present any new information to alter this Court’s previous determination. Accordingly, for the
reasons previously stated in my October 26, 2018 Decision & Order (Docket # 29), plaintiff’s
request for the appointment of counsel (Docket # 30) 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
November 5, 2018