MCKAINION v. NEW JERSEY DEPARTMENT OF CORRECTIONS et al
| ANDRE L. MCKAINION |
| NEW JERSEY DEPARTMENT OF CORRECTIONS, VICTORIA L. KUHN, NORTHERN STATE PRISON, MARC SIM, CRYSTAL RAUPP and SOUTH WOODS STATE PRISON |
| 2:2023cv22846 |
| December 1, 2023 |
| US District Court for the District of New Jersey |
| Michael E Farbiarz |
| Edward S Kiel |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing 4
TEXT ORDER: The Court is in receipt of plaintiff's motion for pro bono counsel (Motion) filed on December 1, 2023 (ECF No. #3 ). However, only parties proceeding in forma pauperis pursuant to 28 U.S.C. 1915 may seek the appointment of pro bono counsel. See Fulton v. United States, 198 F.App'x 210, 214 (3d Cir. 2006) (finding no error in denying request for appointment of counsel where plaintiff "had not received [in forma pauperis] status"). Accordingly, the Motion is DENIED without prejudice, with leave to plaintiff to move again for such relief if the application to proceed in forma pauperis (ECF No. 1-1) is resolved favorably and the complaint proceeds after screening. The Clerk of the Court is directed to terminate ECF No. #3 . Signed by Magistrate Judge Edward S. Kiel on. (sms)
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| Filing 2 Notice of Guidelines for Appearing Pro Se (pnm) |
| Filing 3 MOTION to Appoint Pro Bono by ANDRE L. MCKAINION. (pnm) |
| Filing 1 Complaint Received. (Attachments: #1 Application IFP, #2 Envelope)(pnm) (Main Document 1 replaced on 12/5/2023) (pm, ). |
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