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PURCELL v. JOHNSTON

No. 69 Civ. 1195.

307 F.Supp. 1360 (1970)

Henry Roy PURCELL, Jr., Plaintiff, v. Dr. William C. JOHNSTON and New York State Department of Correction, Defendants.

United States District Court S. D. New York.

January 9, 1970.

Attorney(s) appearing for the Case

Henry Roy Purcell, Jr., plaintiff prose.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y., for defendants.

OPINION

MacMAHON, District Judge.

Plaintiff, Henry Roy Purcell, Jr., applies under 28 U.S.C. § 1915(d) for assignment of counsel. Although plaintiff was previously granted the right to proceed in forma pauperis, it does not necessarily follow that the court is required to appoint counsel. Miller v. Pleasure, 296 F.2d 283, 284 (2d Cir. 1961), cert. denied, 370 U.S. 964, 82 S.Ct. 1592, 8 L. Ed.2d 830 (1962). The...

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