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Gambino v. Ahsa Cassano

United States District Court, D. New Jersey

December 11, 2019

DAVID A. GAMBINO, Plaintiff,
v.
AHSA CASSANO, et al., Defendants.

          DAVID A. GAMBINO 19757055 GILMER FEDERAL CORRECTIONAL INSTITUTION Appearing pro se

          SUSAN R. MILLENKY U.S. ATTORNEYS OFFICE FOR THE DISTRICT OF NJ, JOHN M. HOCKIN, JR. RONAN TUZZIO & GIANNONE ONE HOVCHILD PLAZA On behalf of Defendants

          MEMORANDUM OPINION & ORDER

          NOEL L. HILLMAN, U.S.D.J.

         It appearing that:

         1. In 2017, Plaintiff filed a pro se complaint and an amended complaint, which consists of 45 defendants, is 95 pages long, and asserts claims pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), the Federal Tort Claims Act, and the Americans with Disabilities Act. (See Docket No. 1 and 14.) At that time, Plaintiff was an inmate at FCI Fort Dix in New Jersey.

         2. After the filing of the amended complaint, Defendants moved to dismiss Plaintiff's amended complaint.

         3. While the motions were pending, the Court appointed counsel to represent Plaintiff. The scope of the appointment of counsel was limited, as follows: [T]he appointment shall be limited to the conduct of this case only, and shall end upon: (1) final resolution of the Defendants' motion to dismiss [D.I. 69], excluding any appeals, (2) Plaintiff's termination of the appointment, or (3) further order of the Court. (Docket No. 102.)

         4. In opposition to the motions to dismiss, counsel for Plaintiff filed a letter response, requesting leave to file a second amended complaint to streamline the allegations, claims, and defendants. (Docket No. 124.)

         5. On October 11, 2019, the Court granted Plaintiff's request, finding that Defendants had not opposed Plaintiff's request, and that it was in the interests of justice to permit amendment at that time in order to streamline the issues and claims in this litigation. (Docket No. 131.) The Court provided leave to Plaintiff to file one, all-inclusive, amended complaint.

         6. On October 15, 2019, the appointed pro bono counsel filed a letter, stating:

As you know this office has been appointed as pro bono counsel on behalf of Plaintiff, David Gambino, for the sole purpose of opposing Defendants' motion to dismiss Plaintiff's Complaint. I am in receipt of the Court's recent Order, denying Defendants' motion to dismiss, without prejudice, and requesting that an Amended Complaint be filed within thirty (30) days. Given the Court's recent Order and Mr. Gambino's recent transfer to FCI Gilmer, which is located in Glenville, West Virginia, which is approximately four hundred and fifteen (415) miles from the Federal Courthouse in Camden, New Jersey, it is respectfully requested that my pro bono obligations be terminated moving forward in this matter.

(Docket No. 132.)

         7. In response, on October 28, 2019, Plaintiff filed a letter requesting, among other things, that his case move forward without appointed pro bono counsel, and that he be provided with 60 days to file a second amended complaint. (Docket No. 133.)

         8. On November 21, 2019, on his own behalf, Plaintiff filed a second ...


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