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Gillian v. Goord

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 13, 2005

DARRYL GILLIAN, PLAINTIFF,
v.
COMMISSIONER GLENN S. GOORD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Marian W. Payson United States Magistrate Judge

DECISION and ORDER

Plaintiff's motion for appointment of counsel is denied without prejudice at this time. Plaintiff has been directed to file an amended complaint, without which some of his claims will be dismissed. Therefore, there is insufficient information before the Court at this time to make the necessary assessment of plaintiff's claims under the standards promulgated by Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997), and Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986). It is the plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. 28 U.S.C. § 1654. The Clerk of the Court is directed to send plaintiff a copy of the booklet, "The Pro Se Litigation Guidelines," which may assist plaintiff in the course of this litigation.

SO ORDERED.

20051213

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