Hernandez v. Bettino et al

Filing 22

MEMORANDUM OPINION AND ORDER: re: 18 APPLICATION for the Court to Request Counsel. filed by Vidal Hernandez. The petitioners application for the Court to appoint counsel is denied without prejudice to renewal for failure to make the required showing at this time. The petitioner has not yet made such a showing. (Signed by Judge John G. Koeltl on 10/24/2011) (jfe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
_____________________________________
VIDAL HERNANDEZ,
Petitioner,
- against -

11 Civ. 4235 (JGK)
MEMORANDUM OPINION
AND ORDER

ORSID REALTY CORP., ET AL.
DEFENDANTS.
_____________________________________
JOHN G. KOELTL, District Judge:
The petitioner’s application for the Court to appoint
counsel is denied without prejudice to renewal for failure to
make the required showing at this time.

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); 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 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 61-62.

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

1

his ability to handle the case without assistance in the light
of the required factual investigation
legal issues

l

1

the complexity of the

and the need for expertly conducted cross-

examination to test veracity.
877 F.2d 170

l

/I

Cooper v. A. Sargenti Co.

172 (2d Cir. 1989).

1

Inc.

1

The petitioner has not yet

made such a showing.

SO ORDERED.
Dated:

New York, New York
October 24, 2011
John G. Koeltl
States District Judge

2