UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JAMES BARNES, 1:21-cv-12942 (NLH) (AMD)

Plaintiff, MEMORANDUM OPINION & ORDER APPOINTING COUNSEL v. UNDER

CHARLES WARREN, et al.,

Defendants.

APPEARANCES:

James Barnes 88173 Cumberland County Jail 54 W. Broad St. Bridgeton, NJ 08302

Plaintiff pro se

HILLMAN, District Judge WHEREAS, Plaintiff James Barnes filed this complaint under

on June 24, 2021, ECF No. 1; and WHEREAS, the Court granted Plaintiff’s in forma pauperis application and permitted the complaint to proceed, ECF Nos. 16 & 20; and WHEREAS, summonses have been issued and the docket indicates Defendants’ answers are due October 6, 2021. ECF No. 38. Defendants have not yet entered an appearance; and WHEREAS, in the time since the Court permitted the complaint to proceed, the Court has received approximately 17 letters from Plaintiff raising concerns about the Cumberland County Jail’s general sanitary conditions, denial of medical care, and testing procedures for COVID-19; and

WHEREAS, the Court takes judicial notice that the claims raised in the complaint itself and in Plaintiff’s subsequent letters are related to the claims presently proceeding before the Court in class action Brown v. Warden, 20-7907, wherein the class is represented by counsel; and WHEREAS, the parties entered into a consent decree and the Court appointed a special master in the class action to issue a report “containing findings and recommendations . . . regarding the adequacy of COVID-19 protections and procedures at the Cumberland County Jail.” Brown, No. 20-7907 (D.N.J. May 13, 2021) (ECF No. 126 at 4-5); and WHEREAS, the Court has made certain findings since the

entering of the consent decree concerning the responsiveness, or lack thereof, of the Cumberland County Jail administration to the issues raised by the class and the Court’s orders; and WHEREAS, the in forma pauperis statute permits a court to sua sponte “request an attorney to represent any person unable to afford counsel.”

(e)(1); and WHEREAS, the Court considers the factors set forth in Tabron v. Grace,

(3d Cir. 1993) in making this determination; and WHEREAS, the Court concludes that the Tabron factors weigh in favor of appointing counsel to represent Plaintiff in this action due to the complexity of the case, discovery challenges,

probable need for expert testimony, and Plaintiff’s inability to afford counsel on his own, THEREFORE, IT IS on this 29th day of September , 2021 ORDERED that the Clerk shall select an attorney from the civil pro bono panel; and it is further ORDERED that the selected appointed attorney from the civil pro bono panel shall enter a notice of appearance within fourteen (14) days of the date of his or her appointment; and it is further ORDERED that this Order shall have no effect on the time for Defendants to answer the complaint under Federal Rule of Civil Procedure 12; and it is finally

ORDERED that the Clerk shall send a copy of this Order to Plaintiff by regular mail. s/ Noel L. Hillman At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.