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17-1125 - Warren v. City of New York Department of Correctional Medical Staff et al


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17-1125 - Warren v. City of New York Department of Correctional Medical Staff et al
May 19, 2017
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ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel. The Complaint is dismissed as to Drs. Linda Rogers and Matthew Lee pursuant to 28 U.S.C. § 1915(e)(2)(B), and also as to FDNY EMT Jane Doe #1 and FDNY EMT Jane Doe #2. No summons shall issue as to these Defendants. Plaintiff is granted leave to amend his Complaint with respect to these Defendants. Any amended complaint must be filed within amended complaint within thirty (30) days of this Memorandum & Order. Further, Plaintiffs application for pro bono counsel is denied without prejudice. There is no right to counsel in a civil case. Martin-Trigona v. Lavien, 737 F.2d 1254, 1260 (2d Cir. 1984).Plaintiff's claims against Dr. John Doe, Head Medical Doctor, shall proceed. The United States Marshals Service, however, will not be able to serve Dr. John Doe without further identifying information. Accordingly, the Court hereby requests that Corporation Counsel for the City of New York ascertain the full name of Dr. John Doe. Once this information is provided, Plaintiff's Complaint shall be deemed amended to reflect the full name of the unnamed doctor, an amended summons shall be issued, and the Court shall direct service on this defendant. This case is respectfully referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. The Clerk of Court is respectfully directed to serve a copy of this Order, a copy of the Complaint, a copy of the in forma pauperis application, and a copy of the Docket on the Corporation Counsel for the City of New York, Special Federal Litigation Division. The Clerk of Court is also respectfully directed to mail a copy of this Order and a copy of the Docket to Plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 5/19/2017. (Fletcher, Camille)