Summary
denying the plaintiff's request for appointment of counsel because the plaintiff "ha[d] not indicated to the [c]ourt . . . that he made any effort to engage counsel prior to making the . . . application"
Summary of this case from Valde-Cruz v. RussoOpinion
08 Civ. 559 (JSR) (KNF).
March 13, 2009
MEMORANDUM AND ORDER
James Anderson, proceeding pro se, brought this action, pursuant to 42 U.S.C. § 1983, alleging the defendants, all of whom, except for defendant Commissioner Glenn Goord, are employed at the Green Haven Correctional Facility, violated his constitutional rights by exhibiting deliberate indifference to the plaintiff's medical needs. The plaintiff has made an application to the Court that counsel be appointed to assist him in prosecuting this action. See 28 U.S.C. § 1915(e)(1). However, the plaintiff has not indicated to the Court, through his application, that he made any effort to engage counsel prior to making the instant application. Where, in a civil action, an applicant for appointment of counsel fails to make any effort to engage counsel, appointing counsel for the applicant would not be appropriate. See Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986); Abukar v. Comm'r of Soc. Sec., No. 07 CV 1770, 2007 WL 2729858, at *2 (S.D. Cal. Sept. 19, 2007). Therefore, the plaintiff's request that the Court appoint counsel to represent him, is denied.
SO ORDERED.