Free Order on Motion to Appoint Counsel - District Court of Connecticut - Connecticut

Case 3:03-cv-00158-HBF

Document 56

Filed 02/25/2005

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT JAMES MCKINNON V. LINDA MESENGER, ET AL. RULING ON MOTIONS FOR APPOINTMENT OF COUNSEL The plaintiff is seeking an appointment of pro bono counsel in this action. are denied. The Second Circuit has made clear that before an appointment is even considered, the indigent person must demonstrate that he is unable to obtain counsel. See Hodge v. Police Officers, 802 F.2d In this For the reasons set forth below, plaintiff's motions PRISONER CASE NO. 3:03CV158 (HBF)

58, 61 (2d Cir. 1986), cert. denied, 502 U.S. 996 (1991).

instance, the plaintiff does not indicate even one attempt made in finding counsel on his own. The possibility that the plaintiff may

be able to secure counsel independently precludes appointment of counsel by the court at this time. Any renewal of these motions

shall be accompanied by a summary of the plaintiff's attempts to obtain counsel and the reasons why assistance was unavailable. Accordingly, plaintiff's Motions for Appointment of Counsel [docs. ## 45, 51] are DENIED without prejudice. SO ORDERED this 23rd day of February, 2005, at Bridgeport, Connecticut. ______/s/_________________________ Holly B. Fitzsimmons United States Magistrate Judge