Opinion
Civil Action No. 16-cv-747 (MCA)(SCM)
08-16-2016
Niblack v. Miglio et al
CHAMBERS OF STEVEN C. MANNION UNITED STATES MAGISTRATE JUDGE LETTER ORDER/OPINION Re: D.E. 15, Reconsideration of Application for Appointment of Pro Bono Counsel Dear Litigants:
This matter comes before the Court upon review of Plaintiff, Stanley Niblack's ("Mr. Niblack") a) Appeal of Denial of Application for Appointment of Pro Bono Counsel, and b) his reply to the State's opposition to his informal motion for Appointment of Pro Bono Counsel. Mr. Niblack complains that the Court decided the motion without providing him time to submit a reply, and requests that "the Court ... reconsider" his circumstances.
(ECF Docket Entry No. ("D.E.") 14).
(D.E. 14, Appeal at 2).
(D.E. 15, Pl. Reply).
The Court has reviewed the parties' pleadings, Mr. Niblack's Application, the opposition, and now his reply to the opposition. Mr. Niblack's application and reply claims a medical impairment, but those allegations have not been supported with competent medical evidence. Conversely, defendants submitted a declaration from Dr. Ralph Woodward, M.D. who reviewed Mr. Niblack's medical record and stated, "The medical record does not state nor provide any medical reasons to support Niblack's claim that he cannot or should not write or type nor does the clinician instruct Mr. Niblack to stop writing." Accordingly, for the reasons set forth in the Court's July 13, 2016 Order/Opinion and the reasons set forth herein, the Application is denied without prejudice.
(D.E. 1, 8, 10, 15).
(D.E. 10, Df. Opposition, Exh. B ¶ 3).
(D.E. 12, Opinion). --------
SO ORDERED.
/s/
Honorable Steve Mannion, U.S.M.J.
United States District Court,
for the District of New Jersey
phone: 973-645-3827
8/16/2016 4:27:31 PM c (via ECF):
All Counsel c (via U.S. Mail R.R.R.): Stanley L. Niblack, #923038A/769213
South Woods State Prison
215 South Burlington Road
Bndgeton, NJ 08302