Dublino v. Thomas et al, No. 6:2018cv06010 - Document 31 (W.D.N.Y. 2018)

Court Description: DECISION & ORDER denying without prejudice 30 Motion to Appoint Counsel. It is the plaintiff's responsibility to retain an attorney or press forward with this lawsuit pro se. Signed by Hon. Marian W. Payson on 11/5/2018. Copy of this Decision & Order sent by First Class Mail to plaintiff Mark T. Dublino on 11/5/2018 to his address of record. (KAH)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _______________________________________ MARK T. DUBLINO, DECISION & ORDER Plaintiff, 18-CV-6010L v. JAMES THOMAS, et al., Defendants. _______________________________________ On January 4, 2018, pro se plaintiff Mark T. Dublino (“plaintiff”) commenced this action against the defendants pursuant to 42 U.S.C. § 1983 alleging claims for excessive force and failure to protect in violation of the Eighth Amendment. (Docket # 12). Currently pending before this Court is plaintiff’s third motion seeking appointment of counsel. (Docket # 30). On October 26, 2018, this Court issued a Decision & Order denying plaintiff’s previous requests for appointment of counsel. (Docket ## 24, 25, 29). Plaintiff’s current motion does not present any new information to alter this Court’s previous determination. Accordingly, for the reasons previously stated in my October 26, 2018 Decision & Order (Docket # 29), plaintiff’s request for the appointment of counsel (Docket # 30) is DENIED without prejudice at this time. It is the plaintiff’s responsibility to retain an attorney or press forward with this lawsuit pro se. 28 U.S.C. § 1654. IT IS SO ORDERED. s/Marian W. Payson MARIAN W. PAYSON United States Magistrate Judge Dated: Rochester, New York November 5, 2018

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