Seymore v. Department of Corr. Services et al

Filing 59

MEMORANDUM OPINION AND ORDER re: 58 APPLICATION for the Court to Request Counsel. filed by Maurice Seymore. The plaintiff's application for the Court to appoint counsel is therefore denied without prejudice for failure tomake the required showing at this time. (Signed by Judge John G. Koeltl on 11/15/2012) (djc)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
MAURICE SEYMORE,
Plaintiff,

11 Civ. 2254 (JGK)

- against -

MEMORANDUM OPINION AND
ORDER

CITY OF NEW YORK ET AL.,
Defendant.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The plaintiff’s time to file his Second Amended Complaint
shall be extended until January 18, 2013.

The time for all

defendants to move or answer the plaintiff’s Second Amended
Complaint is stayed until March 1, 2013.
The petitioner has also moved for the appointment of pro
bono counsel.

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.
(2d Cir. 1986).

See Hodge v. Police Officers, 802 F.2d 58, 61-62
For the Court to order the appointment of

counsel, the petitioner must, as a threshold matter, demonstrate
that his claim has substance or a likelihood of success on the
merits.

See Hodge, 802 F.2d at 60-61.

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."
Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir.
1989).

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.
Dated:

New York, New York
November 15, 2012
Judge

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