UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
January 10, 2011
JUAREZ F. BARRETO, PLAINTIFF,
THE COUNTY OF SUFFOLK, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge:
MEMORANDUM & ORDER
On December 22, 2010, the Court partially denied Defendants' motion to dismiss and, in so ruling, took the opportunity to sua sponte reconsider its earlier decision denying Plaintiff's motion for appointment of counsel. But, not wanting to infringe upon Plaintiff's right to appear pro se, the Court asked Plaintiff to inform the Court whether he still desired counsel. On January 3, 2011, Plaintiff wrote the Court to reaffirm that he still wanted counsel.
Under 28 U.S.C. § 1915(e)(1), "[t]he court may request an attorney to represent any person unable to afford counsel." Upon consideration of the claims remaining in Plaintiff's Amended Complaint, the Court finds that the appointment of pro bono counsel in this case is warranted. Accordingly, it is hereby ORDERED that pro bono counsel be appointed to represent Plaintiff from the Court's pro bono panel, and that the Court's pro se office assist in whatever is needed to facilitate appointment of counsel.
Dated: Central Islip, New York
Joanna Seybert, U.S.D.J.
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