KRAMER v. THE CITY OF NEW KENSINGTON et al

Filing 124

MEMORANDUM OPINION & ORDER granting re 111 MOTION to Appoint Counsel filed by MICHAEL KRAMER. ORDER ENTERED directing that pursuant to 28 USC 1915(e)(1) and the court order of 3/24/1999 at Misc. 99-95, the Clerk of Court is directed to request a lawyer to consider entering an appearance on behalf of the plaintiff. Signed by Magistrate Judge Cynthia Reed Eddy on 2/11/2016. (ajt)

Case 2:13-cv-00606-JFC-CRE Document 123 Filed 02/10/16 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL KRAMER,
Plaintiff,
v.
THE CITY OF NEW KENSINGTON, et
al.,
Defendants.

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Civil Action No. 13-606
United States Chief District Judge Joy
Flowers Conti
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM AND ORDER
Plaintiff, Michael Kramer (“Plaintiff”), is a pro se state prisoner who has filed this civil
rights suit pursuant to 42 U.S.C. § 1983 against the following Defendants: the City of New
Kensington, the New Kensington Police Department, and its officers Baker, Grillo and Schubert
as well as the Arnold Police Department officer William Weber. Plaintiff’s Amended Complaint
alleges violations of his rights under the Fourth, Eighth and Fourteenth Amendments to the
United States Constitution [ECF No. 39].
On December 3, 2015, Plaintiff filed a motion for appointment of counsel [ECF No. 111],
to which the Defendants responded [ECF No. 118] and Plaintiff submitted a reply [ECF No.
122]. Accordingly, the matter is ripe for review.
The Court has previously denied Plaintiff’s requests for appointment of counsel [ECF
Nos. 7, 51]. However, in light of the procedural posture of this case and the imminence of trial,
the Court now finds that appointment of counsel will best serve to move this matter forward and
counsel will be appointed for the purpose of trial only.
AND NOW, this 10th day of February, 2016,
IT IS ORDERED that pursuant to 28 U.S.C.§1915(e)(1) and the order of court dated
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Case 2:13-cv-00606-JFC-CRE Document 123 Filed 02/10/16 Page 2 of 3

March 24, 1999, entered pursuant to the resolution of the Board of Judges of the United States
District Court for the Western District of Pennsylvania In re: Funding of Plan for the
Appointment of Counsel in Select Pro Se Prisoner Civil Rights Actions (Miscellaneous No. 9995), the Clerk of Court, on behalf of the Allegheny County Bar Foundation of the Allegheny
County Bar Association is directed to request a lawyer to consider entering an appearance on
behalf of the plaintiff in the above-captioned case for the purpose of trial only;
IT IS FURTHER ORDERED that the Clerk of Court is directed to provide counsel with
a copy of the most current complaint and answers and shall provide counsel with any additional
pleadings or documents as requested by counsel;
IT IS FURTHER ORDERED that during the time the Court attempts to find counsel,
this case will not be stayed. Plaintiff shall move forward with the discovery he seeks and
permitted by the Court while the Court seeks appointment of trial counsel.

By the Court,
s/Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge

cc:

The Honorable Joy Flowers Conti
United States District Court
Western District of Pennsylvania
Michael Kramer
GH7068
SCI Houtzdale
PO Box 1000
Houtzdale, PA 16698
PRO SE
Counsel for Defendants
David J. Rosenberg
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Case 2:13-cv-00606-JFC-CRE Document 123 Filed 02/10/16 Page 3 of 3

Weber Gallagher Simpson Stapleton Fires & Newby
Two Gateway Center, Suite 1450
603 Stanwix Street
Pittsburgh, PA 15222

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