UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
December 17, 2012
TONJA FENTON, PLAINTIFF,
SERGEANT NERBER, ET AL, DEFENDANTS.
The opinion of the court was delivered by: Marian W. Payson United States Magistrate Judge
DECISION & ORDER
On November 9, 2012, pro se plaintiff Tonja Fenton ("plaintiff") filed an amended complaint pursuant to 42 U.S.C. § 1983 alleging, inter alia, that defendants failed to protect her from threats to her health and safety in violation of the Eighth Amendment and that defendants retaliated against her for filing grievances and a lawsuit in violation of the First and Fourteenth Amendments. (Docket # 20). Currently before this Court is plaintiff's third motion for the appointment of counsel. (Docket # 18).
Plaintiff's previous motions for appointment of counsel were denied on the grounds that issue had yet to be joined, and, therefore, there was insufficient information before the Court to make the necessary assessment of plaintiff's claims under the standards promulgated by Hendricks v. Couglin, 114 F.3d 390, 392 (2d Cir. 1997), and Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986). (Docket ## 8, 13). There continues to be insufficient information before the Court to make an assessment of plaintiff's claims because issue has not yet been joined in this case as defendants' time to respond to plaintiff's complaint has been extended to January 11, 2012. (Docket # 15).
It is therefore the Decision and Order of this Court that plaintiff's motion for the appointment of counsel (Docket # 18) is DENIED without prejudice at this time. It is the plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. 28 U.S.C. § 1654.
IT IS SO ORDERED.
Marian W. Payson
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