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Miguel Leal, 97a4780 v. Carl C. Cox

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


December 1, 2011

MIGUEL LEAL, 97A4780, PLAINTIFF,
v.
CARL C. COX, CORRECTION OFFICER; TODD PIASECKI, CORRECTION OFFICER; JACOB MILLER, JR., CORRECTION OFFICER; DAVID F. NAPOLI, SUPERINTENDENT; MICHAEL SHEAHAN, ACTING SUPERINTENDENT AND KATHLEEN J. MURRAY, N.R. EXAM; DEFENDANTS.

The opinion of the court was delivered by: Michael A. Telesca United States District Judge

ORDER

Plaintiff pro se has requested appointment of counsel. 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), as issue has yet to be joined. Therefore plaintiff's motion for appointment of counsel is denied without prejudice at this time. Plaintiff may renew his application once the defendants have responded to the complaint. 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 Court is directed to send plaintiff additional copies of the summons and Marshal forms. Plaintiff may complete the service forms for each defendant with the address where they work, which in this case appears to be the correctional facility.

SO ORDERED.

MICHAEL A. TELESCA

20111201

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