MacKey v. DiCaprio

OPINION & ORDER

ELLIS, United States Magistrate Judge.

I. INTRODUCTION

Pro se plaintiff Anthony T. Mackey (“Mackey”), currently incarcerated at Bare Hill Correctional Facility, brought this action on March 5, 2002, pursuant to 42 U.S.C. § 1983. On September 26, 2003, Mackey filed for appointment of counsel pursuant to 28 U.S.C. § 1915(e).

II. BACKGROUND

The complaint filed under 42 U.S.C. § 1983 apparently alleges that on September 16, 2001, co-defendants Police Officers DiCaprio # 803, Lawrence # 835, and Potanovic; and the Yonkers Police Department violated Mackey’s rights under the Eighth…