Spencer v. Kenny et al

Filing 25

ORDER denying motion to appoint counsel. Signed by Judge Donna F. Martinez on 7/15/13.(Constantine, A.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
SPENCER,

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Plaintiff,
v.
KENNY,
Defendant.

CASE NO. 3:11CV50(RNC)

RULING ON MOTION FOR APPOINTMENT OF COUNSEL
Pending before the court is the plaintiff's motion for appointment
of counsel.

(Doc. #23.)

A plaintiff in a civil case is not entitled to appointment of a
free lawyer on request.
Cir. 1989).

See Cooper v. A. Sargenti Co., 877 F.2d 170 (2d

Because volunteer-lawyer time is in short supply, a

plaintiff seeking appointment of a free lawyer must demonstrate that his
or her complaint passes the test of "likely merit."

Id. at 173.

This

standard requires a plaintiff to show that the claims in the complaint
have a sufficient basis to justify appointing a volunteer lawyer to
pursue them.
No such showing has been made by the plaintiff here.

Nor is it

self-evident from a review of the complaint that appointment of free
counsel is warranted.
Accordingly, the motion for appointment of counsel is denied
without prejudice to renewal.

In the event the plaintiff wishes to

renew her request, any such motion must be supported by a memorandum
showing that the claims in the complaint have a sufficient basis in fact
and in law to pass the test of likely merit.
SO ORDERED at Hartford, Connecticut this 15th day of July, 2013.
___________/s/________________
Donna F. Martinez
United States Magistrate Judge