Young v. McGill et al

Filing 5

PRISCS - RULING ON PENDING MOTIONS. Denying without prejudice 3 Motion to Appoint Counsel ; granting 4 Motion to Amend. The Clerk shall docket the amended complaint and send plaintiff a motion for appointment of counsel with a copy of this ruling. Signed by Judge Holly B. Fitzsimmons on 1/22/10. (Corriette, M.)

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CEDRIC YOUNG V. JEFFREY MCGILL, ET AL. RULING ON PENDING MOTIONS Pending before the court is a motion for appointment of counsel and a motion for leave to amend. For the reasons set PRISONER CASE NO. 3:09CV1186 (CSH)

forth below, the motion to amend is granted and the motion for appointment of counsel is denied. I. Motion for Appointment of Counsel [doc. # 3] The plaintiff is seeking an appointment of pro bono counsel in this action. The Second Circuit has made clear that before an

appointment is even considered, the indigent person must demonstrate that he is unable to obtain counsel. See Hodge v.

Police Officers, 802 F.2d 58, 61 (2d Cir. 1986), cert. denied, 502 U.S. 996 (1991). In this instance, plaintiff states that he The plaintiff's

has made repeated attempts to find a lawyer.

undocumented attempts to secure legal assistance in this matter are insufficient to demonstrate that he is unable to find counsel on his own. The possibility that the plaintiff may be able to secure counsel or legal assistance independently precludes appointment of counsel by the court at this time. Accordingly, the

plaintiff's Motion for Appointment of Counsel [doc. #3] is DENIED

without prejudice.

Any renewal of this motion shall include the

name and address of each attorney or legal organization contacted, the date on which counsel or the legal organization was contacted and the reasons why assistance was unavailable. II. Motion for Leave to Amend [doc. # 4] The plaintiff seeks leave to file an amended complaint to add new defendants. Under Rule 15(a) of the Federal Rules of

Civil Procedure, a party may file an amended complaint once as of right before a responsive pleading is served. No responsive

pleading having been filed by the defendants in this action, the plaintiff's motion for leave to amend is granted. Conclusion The Motion for Appointment of Counsel [doc. # 3] is DENIED without prejudice. Any renewal of this motion shall include the

name and address of each attorney or legal organization contacted, the date on which counsel or the legal organization was contacted and the reasons why assistance was unavailable. The Motion for Leave to Amend [doc. # 4] is GRANTED. The Clerk

shall docket the amended complaint and send plaintiff a motion for appointment of counsel form with a copy of this ruling. SO ORDERED this 22nd day of January, 2010, at Bridgeport, Connecticut. /s/ Holly B. Fitzsimmons Holly B. Fitzsimmons United States Magistrate Judge