Cost v. Idearc Media Sales
Filing
37
MEMORANDUM OPINION AND ORDER: The plaintiff has not yet made such a showing. The plaintiff's application for the Court to appoint counsel is therefore denied without prejudice for failure to make the required showing at this time. SO ORDERED. (Signed by Judge John G. Koeltl on 7/07/2012) (ama)
USDCSDNY
DOCUMENT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ELECfRONICAlL Y FILED
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CURTIS COST,
10 Civ. 4066 (JGK)
Plaintiff,
MEMORANDUM OPINION AND
ORDER
- against SUPERMEDIA,
Defendant.
JOHN G. KOELTL, District Judge:
The Court has received the attached correspondence from the
plaintiff, which it forwards to the parties.
The plaintiff indicates that he would like to submit
further papers in support of his motion.
However, the plaintiff
has already submitted an opposition to the defendant's motion to
dismiss, and the defendant has replied.
Surreply briefs may
only be submitted with leave of the Court.
Because the
plaintiff has had an adequate opportunity to respond to the
defendant's motion to dismiss, the plaintiff's request to file a
surreply brief is denied.
The plaintiff also requests that the Court appoint pro bono
counsel for him.
The Court of Appeals for the Second Circuit
has articulated factors that should guide the Court's discretion
to appoint counsel to represent an indigent civil litigant under
28 U.S.C. § 1915.
See Hodge v. Police Officers, 802 F.2d 58,
61-62 (2d Cir. 1986) i Jackson v. Moscicki, No. 99 Civ. 2427
(JGK) , 2000 WL 511642, at *4 (S.D.N.Y. Apr. 27, 2000).
For the
Court to order the appointment of counsel, the plaintiff must,
as a threshold matter, demonstrate that his claim has substance
or a likelihood of success on the merits.
at 60-61.
See Hodse, 802 F.2d
Only then can the Court consider the other factors
appropriate to determination of whether counsel should be
appointed: "plaintiff's ability to obtain representation
independently, and his ability to handle the case without
assistance in the light of the required factual investigation,
the complexity of the legal issues, and the need for expertly
conducted cross-examination to test veracity.1I
Cooper v. A.
sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989).
plaintiff has not yet made such a showing.
The
The plaintiff's
application for the Court to appoint counsel is therefore denied
without prejudice for failure to make the required showing at
this time.
SO ORDERED.
Dated:
New York, New York
July
2012
7,
fj(~,
hn G. Koeltl
District Judge
Curtis Cost
3525 Perry Ave Apt 4B
Bronx, NY 10467
(347) 335-6455
June 29,2012,2012
Honorable John G. Koeltl, U.S.D.J.
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Curtis Cost v. SuperMedia
Civil File No.: 10 Civ 4066
To: Judge Koeltl:
A few weeks ago I received a voice message from the Defendant's lawyer asking if I had any
objections to their being given additional time to reply. I assumed that your Honor had
requested that they reply to my answer. I had not checked my voice messages in a few days,
but as soon as I did I immediately called them and spoke directly to Mr. Martin W. Aron and I
stated that I had no objections to their having additional time. He informed me that they had
already submitted their reply.
I later received the documents that they submitted. I called the Pro Se clerk's office and
informed them that I wished to reply to those documents, but I was told that I had to make a
special request called a SURE, of your Honor to respond to their documents. I was confused by
this because I wasn't aware of such a request being necessary or that the Defendant had made
such a request. This procedure I am not clear about.
I would like to request that I be given an opportunity to respond to their reply to my answer.
There are misleading claims made in the plaintiffs documents. I would also like to request that
a Pro Bono attorney be assigned to represent me in this case.
I would like to add that my computer malfunctioned and has been in the repair shop for the past
two weeks. I did not wish to respond by writing this by hand which is why I was unable to
submit this request earlier.
Sincere~
.
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