United States District Court, W.D. New York
June 14, 2005.
GIDGET HARRIS, Plaintiff,
ANGINELL ANDREWS, et al., Defendants.
The opinion of the court was delivered by: HUGH SCOTT, Magistrate Judge
Before the Court is plaintiff's motion for appointment of
counsel (Docket No. 41; see Docket No. 40, Order inviting
renewed application). The parties consented to proceed before the
undersigned as Magistrate Judge (Docket No. 11).
The Court issued a Decision and Order (Docket No. 33) and
entered a Judgement (Docket No. 35) dismissing this action for
plaintiff's failure to comply with the terms of the Prison
Litigation Reform Act, 42 U.S.C. § 1997e. The United States Court
of Appeals for the Second Circuit vacated the judgment of this
Court (Docket No. 35; see Docket No. 33) and remanded this case
for further proceedings (Docket No. 39). "On remand, based on
this Court's decision in Hemphill v. New York, 380 F.3d 680,
686 (2d Cir. 2004), the district court must determine whether
appellant was justified in not pursuing a grievance accordance
with the grievance procedures set forth by the New York
Department of Correctional Services." (Docket No. 39.)
In light of this mandate and the complexity of the analysis
under this caselaw, plaintiff's motion is granted. The Court
appoints Rochelle M. Jones, Esq., as counsel for the plaintiff,
pro bono, pursuant to 28 U.S.C. § 1915(d). Hodge v. Police
Officers, 802 F.2d 58 (2d Cir. 1986); Cooper v. A. Sargenti
Co., 877 F.2d 170 (2d Cir. 1989).
The file for this matter is maintained in the Office of the
Clerk of the United States District Court in Buffalo, New York.
If necessary, the attorney for the plaintiff should make
arrangements to meet with a Pro Se Staff Attorney to review the
file and obtain copies of the relevant papers.
The Court also entered a briefing schedule (Docket No. 40) for
a renewed motion for summary judgment. Motions or notice of
intention not to file a motion were due by June 1, 2005, but no
notice or motion were filed. Nevertheless, that schedule is
stayed pending appointed counsel getting up to speed on this
case. A status conference will be held on August 16, 2005, at
10:30 am, and a new briefing schedule will be entered at that
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