Murrell v. Wolcott et al
| Constantine Murrell |
| Superintendent J. Wolcott, P. Ciulla, S. Beck, Dr. Williams and John Doe |
| 6:2022cv06019 |
| January 12, 2022 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 TEXT ORDER. Plaintiff has filed a Notice of Motion titled "Notice of Motion For The Consent to Proceed Before a Magistrate Judge" ("Motion"). (Dkt. 4). The Notice of Motion, however, requests that the Court review his medical records, which he has attached to the Motion, and to appoint counsel. (Id.). Both requests are denied. First, Plaintiff's request that the Court review his medical records is premature. The Court has not yet screened Plaintiff's complaint under 28 U.S.C. 1915(e)(2)(B) and 1915A, service has not been effectuated, and the records are not made part of a specific motion requiring the Court to review his records, such as a motion for a preliminary injunction or for summary judgment. As the case progresses, the Court may be in a position to review the records; however, the case has not yet reached that point. Second, Plaintiff's request for appointment of counsel is denied. There is insufficient information before the Court at this time to make the necessary assessment of Plaintiff's claims under the standards promulgated by Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997), and Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), as issue has yet to be joined. Accordingly, Plaintiff's request for appointment of counsel is denied without prejudice. It is Plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. See 28 U.S.C. 1654.Lastly, the Clerk of Court is directed to amend the title of the Notice of Motion on the docket to state "Motion to Review Medical Records and Appoint Counsel." SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 02/02/2022. (CAL)-CLERK TO FOLLOW UP- |
| Remark: Clerk mailed a copy of 5 Text Order to Constantine Murrell. (AMW) |
| E-Filing Notification: Clerk revised docket text of #4 to "Motion to Review Medical Records and Appoint Counsel" per 5 Text Order. (JHF) |
| Filing 4 MOTION to Review Medical Records and Appoint Counsel by Constantine Murrell. (Attachments: #1 Exhibit, #2 Envelope) Page 1 of Main Document redacted per Pro Se Department. (JHF) Modified on 2/2/2022 (JHF). |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. Prisoner Pro Se packet consisting of Privacy Notice, Consent to Proceed Before a Magistrate Judge, and Civil Case Timeline mailed to plaintiff from Buffalo on 1/13/22. (RE) |
| Filing 3 MOTION to Appoint Counsel by Constantine Murrell.(RE) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Constantine Murrell.(RE) |
| Filing 1 COMPLAINT against All Defendants, filed by Constantine Murrell. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(RE) |
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