Anderson v. Commissioner of Social Security

Filing 19

ORDER: The plaintiff's request for appointment of counsel is denied without prejudice. See attached ruling. Signed by Judge Donna F. Martinez on 9/14/11. (Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
BRUCE ANDERSON,
Plaintiff
v.
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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CASE NO. 3:10cv1832(RNC)

RULING ON PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL
The plaintiff seeks appointment of pro bono counsel. (Doc.
#16.)

For the reasons set forth below, the plaintiff's request is

denied without prejudice.
The Second Circuit repeatedly has cautioned the district
courts against the routine appointment of counsel.

See, e.g.,

Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997).

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 or legal assistance on his own.

See Hodge v.

Police Officers, 802 F.2d 58, 61 (2d Cir. 1986).
The plaintiff did not indicate that he has contacted any
lawyers to seek assistance with his case.

Accordingly, the court

cannot conclude at this time that the plaintiff will be unable to
obtain legal assistance on his own.
The plaintiff's request for appointment of counsel is hereby
DENIED without prejudice as premature.

Any future motion shall

include information on attempts to obtain legal assistance.
SO ORDERED this 14th day of September 2011, at Hartford,
Connecticut.
/s/
Donn F. Martinez
United States Magistrate Judge

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