Dublino v. Thomas et al

Filing 79

DECISION & ORDER denying without prejudice 78 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 10/31/2019. Copy of this Decision & Order sent by First Class Mail to plaintiff Mark T. Dublino on 10/31/2019 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 fifth motion seeking appointment of counsel. (Docket
# 78). Plaintiff’s previous requests for appointment of counsel have all been denied. (Docket ##
29, 31, 49, 67). Plaintiff’s current motion does not present any information to alter this Court’s
previous determinations. Accordingly, for the reasons in the previous Decisions & Orders
(Docket # 29, 31, 49, 67), plaintiff’s request for the appointment of counsel (Docket # 78) 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
October 31, 2019