Concepcion v. Dana
| Danilo Concepcion |
| Nurse Dana, Doctor Doe and Oneida County Jail |
| 9:2018cv01151 |
| September 25, 2018 |
| US District Court for the Northern District of New York |
| David E Peebles |
| Glenn T Suddaby |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 9, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 11 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Danilo Concepcion re Dkt. NO. 10 Order. (nas, ) |
Filing 10
TEXT ORDER : Presently before the court is plaintiff's motion for appointment of counsel. Dkt No. #9 . In Terminate Control Corp. v. Horowitz, 28 F.3d 1335 (2d Cir. 1994), the Second Circuit reiterated the factors that a court must consider in ruling upon such a motion. In deciding whether to appoint counsel, the court should first determine whether the indigent's position seems likely to be of substance. If the claim meets this threshold requirement, the court should then consider a number of other factors in making its determination. Terminate Control Corp., 28 F.3d at 1341 (quoting Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986)). Of these criteria, the most important is the merits, i.e., "whether the indigent's position was likely to be of substance." McDowell v. State of N.Y., No. 91 CIV. 2440, 1991 WL 177271, at *1 (S.D.N.Y. Sept. 3, 1991) (quoting Cooper v. A. Sargenti & Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989)). Indigents do not have to demonstrate that they can win their cases without the aid of counsel; they do have to show likely merit. Id. This action was only recently commenced. The defendants have not yet responded to the allegations contained in plaintiff's complaint, and the only facts upon which this court may base its decision as to whether this lawsuit is of substance are those portions of plaintiff's complaint wherein he states the facts surrounding his claim. Where a plaintiff does not provide a court with evidence, as opposed to mere allegations, relating to his or her claims, such party does not meet the first requirement imposed by the Second Circuit relative to applications seeking appointment of pro bono counsel is not met. See Harmon v. Runyon, No. 96-Civ.-6080, 1997 WL 118379 (S.D.N.Y. Mar. 17, 1997). In light of the foregoing, plaintiff's motion for appointment of counsel (Dkt. No. #9 ) is DENIED without prejudice. After the defendants have responded to the allegations in plaintiff's complaint, he may choose to file a new motion for appointment of counsel, at which time the court might be better able to determine whether such appointment is warranted in this lawsuit. Additionally, pursuant to the Decision and Order issued by Chief U.S. District Judge Glenn T. Suddaby on October 25, 2018, the plaintiff is reminded that an Amended Complaint must be filed in this action on or before November 26, 2018 or this case will be dismissed. See Docket No. #8 . Authorized by Magistrate Judge David E. Peebles on 11/14/2018. (Copy served upon plaintiff via regular mail). (sal )
|
| Filing 9 MOTION to Appoint Counsel filed by Danilo Concepcion. (nas, ) |
|
Filing 8
DECISION AND ORDER: ORDERED that #5 Motion for Leave to Proceed in forma pauperis is granted. ORDERED, that Plaintiff's claims against the Oneida County Jail are DISMISSED with prejudice. ORDERED, that the Clerk terminate Oneida County Jail as a defendant. ORDERED that if Plaintiff wishes to proceed with this action, he must file an Amended Complaint as set forth within thirty (30) days from the date of the filing of this Decision and Order. ORDERED that, if Plaintiff timely files an Amended Complaint, this matter be returned to the Court for further review. ORDERED that if Plaintiff fails to timely file an Amended Complaint as directed, the Clerk shall enter judgment indicating that the remainder of this action is DISMISSED without prejudice without further order of this Court pursuant to 28 U.S.C. 1915(e)(2)(B) and 28 U.S.C. 1915A(b)(1) for failure to state a claim upon which relief may be granted and for failure to comply with this Decision and Order. In that event, the Clerk is directed to close this case. Signed by Chief Judge Glenn T. Suddaby on 10/25/18. {order and copy of complaint served via regular mail on plaintiff}(nas, )
|
| Notification to Superintendent of Filing - Provided Sheriff at Oneida County Correctional Facility with notice of instant action and a copy of Plaintiff's #6 Inmate Authorization Form. USDC/NYND Finance Dept notified. (nas, ) |
|
Filing 7
TEXT ORDER REOPENING CASE: This action was administratively closed due to plaintiff's failure to comply with the filing fee requirements, and plaintiff was directed to respond to the Order if s/he wished to pursue this action. Plaintiff has now responded. The Clerk is directed to reopen this action and restore it to the Court's active docket. Authorized by Chief Judge Glenn T. Suddaby on 10/1/18. {text order served via regular mail on plaintiff}(nas, )
|
| Filing 6 INMATE AUTHORIZATION FORM by Danilo Concepcion. (nas, ) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Danilo Concepcion. (Attachments: #1 account activity ledger) (nas, ) |
|
Filing 4
ORDER Directing Administrative Closure with Opportunity to Comply with Filing Fee Requirement: ORDERED that plaintiff's IFP Application is DENIED as incomplete. ORDERED that because this action was not properly commenced, the Clerk is directed to administratively close this action. ORDERED that if plaintiff desires to pursue this action, he must so notify the Court WITHIN THIRTY (30) DAYS of the filing date of this Order and either (1) pay the full $400.00 filing fee for civil actions or (2) submit a completed and signed IFP Application that has been certified by an appropriate official at his facility and a signed Inmate Authorization Form consenting to payment of $350.00 over time. Signed by Chief Judge Glenn T. Suddaby on 9/26/18. {order and blank forms served via regular mail on plaintiff}(nas, )
|
| Filing 3 INMATE AUTHORIZATION FORM by Danilo Concepcion. (nas, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Danilo Concepcion. (nas, ) |
| Filing 1 COMPLAINT against Nurse Dana, Doctor Doe, Oneida County Jail filed by Danilo Concepcion. (Attachments: #1 Civil Cover Sheet)(nas, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
