White-Grier v. The Department of Education of The City of New York

Filing 17

MEMORANDUM OPINION AND ORDER: The Court has received the attached correspondence from the plaintiff, which it forwards to the parties. The plaintiff requests that the Court appoint pro bono counsel in her case. However, the Court cannot determine whe ther the necessary showing for appointment of counsel has been met. The Court of Appeals for the Second Circuit has articulated factors that should guide the Courts discretion to appoint counsel to represent an indigent civil litigant under 28 U.S.C. § 1915. For the Court to order the appointment of counsel, the petitioner must, as a threshold matter, demonstrate that her claim has substance or a likelihood of success on the merits. Only then can the Court consider the other factors appropr iate to determination of whether counsel should be appointed: "plaintiff's ability to obtain representation independently, and her ability to handle the case without assistance in the light of the required factual investigation, the complex ity of the legal issues, and the need for expertly conducted cross-examination to test veracity." The plaintiff has not yet made such a showing. The plaintiff's application for the Court to appoint counsel is therefore denied without prejud ice for failure to make the required showing at this time. The sixty-day stay imposed by the Court's Order of April 17, 2012 has now expired. The plaintiff informs the Court that she is now proceeding pro se. The plaintiff should advise the Pro Se Office of her address and a phone number at which she can be reached, so that papers can be served directly on her. (Signed by Judge John G. Koeltl on 6/19/2012) (jfe)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
CHERYL WHITE-GRIER,
11 Civ. 8142 (JGK)
Plaintiff,
MEMORANDUM OPINION AND
ORDER

- against THE DEPARTMENT OF EDUCATION OF THE
CITY OF NEW YORK,
Defendant.
────────────────────────────────────
JOHN G. KOELTL, District Judge:

The Court has received the attached correspondence from the
plaintiff, which it forwards to the parties.

The plaintiff

requests that the Court appoint pro bono counsel in her case.
However, the Court cannot determine whether the necessary
showing for appointment of counsel has been met.

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 her 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

her 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 crossexamination to test veracity."

Cooper v. A. Sargenti Co., Inc.,

877 F.2d 170, 172 (2d Cir. 1989).
made such a showing.

The plaintiff has not yet

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.
The sixty-day stay imposed by the Court's Order of April
17, 2012 has now expired.

The plaintiff informs the Court that

she is now proceeding pro se.

The plaintiff should advise the

Pro Se Office of her address and a phone number at which she can
be reached, so that papers can be served directly on her.
SO ORDERED.

Dated:

New York, New York

June

,9,

2012
G. Koeltl
Judge

P 1112

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2012-06-11 19;54

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347-216-0166»

2121057912

P2/12

UNfTED STh TES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CHERYl WHITE-GRIER

1-11

Civ. 8_14_2_ ~GK

)

L)

- against­
AFFlRMATIO!'i OF SERVICE
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK a/k./a
THE SCHOOl DISTRICT OF THE CITY Of NEW YORK

---_.. _----­

.- . ­
,.
o

~,

r, CHERYL WHITE-GRIER

, declare under penalty ofpeTjury [hat I have

(/lIlIfIC)

served a copy of the attached _N_O_TI_C_E_O_F_AP_P_E_A_RA_N_C_E_ _ _ _ _ _ _ _-

_ _ _ _ _ __

t(1f/Clwlt/l, )'IlLl (l1"I! X(!Tl.jllg)

upon CORPORATION C~~NSEL OF THE CITY O:~EW YORK

whose address is

100 CHURCH STREET

V,alne ofPIft"HiII ,rerved)

100 CHURCH STREET NEW YORK, NEW YORK 10007
(w/rerll you suw!:d dOCIl"le'")

by PERSONAL DELIVERY
(II(H"

Y(/II .H'/-"('i/

dOCf,iII,('nr: For ~_t{//"p'e - personal delil'(!I"', III ail, {)l'en'ighl ('.'pre.I·,f,

,

NY

Dated: NEWVORK

(.flalf)

18

20 12

(do.)I)

JUNE

v

'-­

(rO\\'/i/Cirr)

(year)

--'

­

765 fOREST AVENUE SUITE 9
Addrf'S.r

STATEN ISLAND, NEW YORK

10310

Zip Code
917-379-2802

Ill".OJ/21J/(1

Polf'.J

~

2012-06-18 19:55

CWG

347-286-0166»

2128057912

P 3/12

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CHERYL WHITE-GRIER

(1lllhUpllCt abollUnltr Ih,.jull "ame(s) ofthe plaint!ff(s)/pf!titioner(s),)

1:11

Civ.8_14_2_ (JGK) (_)

- againstAFFIRMATION OF SERVICE

THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK a/kia
THE SCHOOL DISTRIO' OF THE CITY OF NEW YORK

fin

Ih/!

spcJce above ell'ftr the full "ome(s) of,he defendCUlr(s)lrcspondenf(s).)

r"'

If CHERYL WHITE-GRIER

, declare under penalty of peJjury that ~ve

(name)

N

served a copy of the attached APPLICAnON FOR THE COU RT TO REQUEST PRO BONO COUNSEl
(document you ore serlilng)

upon CORPORATION C':UNSEl OF THE CITY OF NEW YORK

whose address is 100 CHURCH STREET

(name ofperJtUl served)

lOO(HRU(H STREET NEW YORK, NEW YORK 10007
(whtre yn.. served document)

by PERSONAL DELIVERY
(ltow you served document.' Fo,. example. persorral delivery, mail. Ollernighl express, erc.)

Dated:

NEW YO"K
(IOWII/ciry)

JUNE
(MO",II)

._­
NV

(rtale)

16
--'
(day)

20 12

-

(year)

765 FOREST AVENUE SuITE 9

STATEN ISLAND, NEW VORl<
Cily, Slale
10310

Ztl' Code
91 ]-379-2802
Telephone Numb(r

2012-0(1-11 19;55

CWG

347-21(1-01(1(1»

P4/12

2121057912

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHERYL WHITE·GRIER

(b, Ihe space above emer the full nDme(s) ofthe piajnlijf(s)Jpelilioner(s).)

1:11

Civ,B_14_2_(JGK)

L)

- against-

AFFIRMATION OF SERVICE
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK a/kJa
THE SCHOOL DISTRla OF THE CITY OF NEW YORK

till Ihe spact ahmil~ lIn/,,. tir, full "Drne(,t) of lire d,j'fldafll(s)/resPQfldelll(s).}

I, CHERYL WHITE-GRIER

declare under penalty of perjury that 11i8ve
o
N

~erved a copy

of the attached Appl ication for the Court to Request Counsel Pursuant to18 USC SEC.3006A(g)
(document you art se,.... lng)

upon CORPORATION COUNSEL Of THE (ITY OF NEW ~~~~ ______ whose address is l00CHURCH STREET
(nam, o.fpuson sUlled)

100 (HRUCH STREET NEW YORK, NEW YORK 10007
(whue you .<f!.".,t!d dncumt!nl)

by PERSONAL DELIVERY
(how )'ou sUlIlId documerr/,- For exomple - personal delivery, mail, overnight v:pren. elc,)

Dated:

NY

NEW YORK

,-­

(tmvhkifY)

JUNE

(stale)

18
(mon,h)

--'
(dly)

20 12
­

(year)

765 FOREST AVENUE SUITE 9
STATEN ISLAND, NEW YORK
City, Siale
10310
Zip Coile
917-379-2802
Teltpllont Number

2012-06-18 19:55

CWG

347-286-0166»

2128057912

P5/12

UNITED STATES DISTRICT COURT
SOUTHERN DISTRlCT OF NEW YORK
CHERYL WHITE.-GRIER

(In the space above enter the/ull name(.f) (~fthe
plaintif!(s)lpetitioner(..'i)_)

1:11

Civ_ 8142

~GK) ( _ )

-againstk
THE DEPARTMENT OF EDUCATION Of THE CITY OF NEW YORK, a/kJa

APPLICATION FOR THE
COURT TO REQUEST

PRO BONO COUNSEL

THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

(In the space above enter thefulJ name(s) o/the
defendant(r)lresponJent(s).j
I, CHERYL WHITE.-GRIER
, (print or type your name) am a party in
this case and cannot afford an attorney. I ask the Court to request pro bono counsel to represent
me in this action. I understand that even if the Court grants this application, I will receive
pro bono counsel only if an attorney through Court's Pro Bono Program \'olunteers to take
my case and that there is no guarantee that an attorney will volunteer to represent me.
1.

In support of my application, I provide the following information: (Use additional paper

if necessary_)
A.

Have you asked the Court to request pro bono counsel in this ca~e before? If yes,
when were your prior applications filed and what has changed in the status of
your case since you last asked the Court to request pro bono counsel?
No, I have not.

--------_.

B.

__

......

Requests for pro bono counsel are rarely granted at the early stages of a case and
usually not before the Court has issued a decision on the merits of the case. What
has happened in your case that demonstrates the potential ment of your case?
I do not have the tfalnlng to put together merits of the case without an attorney.

Ipaid an attorney who took my money and remove"iJnimSelf fromm-y-ca-se-,-----­
I asked the previous attorney to present my case

in another legal manner, he refused.

I sought other pro bono attorneys, to no avail.

This is an Estoppel case and requires an attorney before any other case merits can be presented.

._---.---

--------­

2012-06-18 19:55

CWG

C.

347-286-0166»

2128057912

P6/12

Explain why you need an attorney in this case.
Iam not fonnally trained to represent myself in this case.
The charges of Estoppel are charges that I no nothing about and do not know how to defend
myself against the Department of Education.

-------------------------.----.-~-

D.

Explain what steps you have taken to find an attorney and with what results.
(Please identify the lawyers. Jaw firms or legal clinics you have contacted and
their responses to your requests. lfyou have limited access to the telephone,
mail. or other communication methods. or ifyou otherwise have had difficulty
contacting attorneys, please explain.)
I have contacted the legal Referral Service, to no avaiL

I have contacted organizations that represent the under represented. to no avail.

, have contacted law schools
-------­
I sought legal representation during the answer and question session for legal Help Oay In

May 2012, to no avail. (See the attached sheet of legal aSSistance I sought.)

E.

Jfyou need an attorney who speaks a language other than English. state whar
language(s) you speak::

-_

I speak English.

.... _ - - - - - - - ­

2.

In further support of my application, I declare that (check appropriate box):

D

I have previously filed a Request to Proceed In Forma Pauperis in this case, and it
is a true and correct representation of my current financial status.
I have not previously filed a Request Co Proceed In Forma Pauperis in this case,
and now attach an original Request to Proceed 'n Forma Pauperis detailing my
financial status.

D

I have previously filed a Request 10 Proceed In Forma Pauperis in this case,
however, my financial status has changed. I have attached another Request to
Proceed In Forma Pauperis showing my current financial status.

3.

I understand that if an attorney volunteers to represent me and that attorney learns that T
can afford to pay for an attorney, the attorney may give this information to the Court.

4.

I understand that if my answers on this application are false, my case may be dismissed.

5.

I declare under penalty of perjury tbat the foregOing is lrue and correct.

Dated: June 18. 2012

-rla,(1)~~
Signature

Rev.

4/2011

2012-06-18 19;55

CWG

347-286-0166»

2128057912

P7/12

UNITED STATES D£STRICT COURT
SOUTHERN DISTRICT OF NEW YORK
CHERYL WHITE-GRIER

(111

space above emil,. Ihe fUll nllmeN

,if Ihe Pt.li/io'ler(s).)

-againstAPPLICATION FOR rHE COURT
TO REQUEST COUNSEL
PURSUANT TO 18 U.S.C. § 3006A(g)
THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK,

a/k/a THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK

CHERYL WHITE-GRIER

.

.

,

l,_________
. ___ , (prmt or type your name) am 1:1 parly In thiS case and
am unable to afford the services of an anomey. I hcr~by request the Court 10 grant my request for
counsel to represent me in this proceedings.

1.

In support of my application, 1 provide the following information:
A.

Explain why you feel you need

1.I

ll:lwycr in this cnse. (Use Additional paper if

necessary)
I am not an attorney with the necessary legal training needed to adequately defend myself.

B.

Explain what steps you have taken to find an attorney and with wh8{ results. (Use

additional paper if necessary)

I hired an attorney who took my money, removed hImself. I also sought other anorneys to no avail.

----C.

If YOli need n lawyer who speaks in a language

you speak:
I speak English,

RI.'IJ. 1012010

--------Ofher

than English. slale what language

2012-06-11 19:55

CWG

2.

347-216-0166»

2121057912

In further support of my application. T declare that (check appropriate box):

D

I havc previously tiled 0 Request to Proceed Tn Forma Pauperis application in this
proceeding, llnd it is a true and correct reprosentation of my current financial status.
I have not previously filed a Request to Proceed In Forma Pauperi.f in this proceeding,
Bnd now anach an original Request to Proceed In Forma Pauperis application detailing
my financial status.

D

I have prcviou.sly filed n Request to Proceed 1" Forma Pauperis application in this
procecding, however, my financial status has changed. I have attached another Request
to Proceed III Forma Puuperi~' application showing my current financial stMuS.

J.

1 understand that if B lawyer volunteers t(l represent me antI that lawycr lcarns that Tcan afford
to p"'y for a lawyer, the lawyer may give this information to the Court.

4.

I unucrlltand thaL if my answers on Ihis applicati(ln are false, my case may be dismissed.

5.

I declare under ptulty of perjury that the roregoing i. true and correct.

f) ated:

June 18,2012

PI/12

£:

...
CI.

1.

4/19/2012
Derek Smith

2.

30 Broad SHeet. 35th Floor,
New York, New York 10004
Tel 1-877-4NYLAWS' (877)
469-5297

CannOI .lfIord this
attorney

347-834-8288 212- 514­
8288 [phone]

4/19/2012

225 Broadway
0_ Andrew Marshall

3.

[e-mail]

New York, NY 10007
Neighborhood: Financial
District

Did not respond

www.yelp.com/biz/d-andrew­
marshall-new-york ­

212-477-4777

4/20/2012

Robert Davis
N

en
,....

(Currently listed in Civil law
) Robert B Davis AHorney
233 Broadway - Suite 2704
New York, NY 10279 Phone:
Robert B Davis Attorney
New York ...

Does not handle my kind
of case.

www.localnewyorkattorneys.co
m/Robert-B-Davis-Anorney

IS

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4.

212-233-2910

4/23/2012

"
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Cellura Davin PAm­
Midtown East - New York.
NY

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David CE'liura

[phone] - 875 3rd
Avenue, New York, NY
10022
White Plains bankruptcy
lawyer Michael H. Schwartz
is the largest filer of
bankruptcy cases lor people
living in Westchester and
Rockland Counties.

Does not handle my kind
of case_

www.yelp.com/blz/cellura­
davin-p-atty-new-york ­

~

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4/23/2012

6.

4/24/2012

7.

4/24/2012

8.

Cardozo law Firm/ Dan
Silverman

718-237·8693

DoC's not handle my kind
of case.

Nat'l Organization for Women

212-627-9895

Does nol handle my kind
of case.

Kevin Mintzer/Leia

718-420-6138

Does not handle my
of caS<e.

NAACP Legal Defense

5.

National Hudquartl!r~.
NAACP Lelal Defense and
Educational Fund, Inc. 99
Hudson Street. Suite 1600
New York, NY 10013 (21l)
965·2200.

Does not handle my kind
of caSE!_

www.naacpld f .orgfcontact-u5

NY

212-431-2100

Does not handle m), kind
of case.

www.nyls.edu

4/25/2012

Q.

9.

4/25/2012

10.

4/26/2012

LiOW

School

A$sociation of the Bar of the
City of New York
42 West 44 Street
New York, NY 10036
Legal Refenal Service

dal!@~ ilver rTlll.nsil\l..f.!!1l"l1_.~O_rTl

~ind

www.alxnv.org
Does oot handle my kind
of caSE!.

212-626-7373
~

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11.

4/27/2011

12.

4/27/'2012

~
...

Does nol handle my kind
of caSE.

8rooklyn PlJblic Law

716-625-2200

www.brooklaw.edu

Work PI",e

212-417-3838

Laurie Beck/CUNY City l1!w

718·140-4204. 718-3404300

Does not handle my kind
of case.

www.cunv·edu

CUNY City Law

718-340-.4204. 718·340·
4300

Does no! handle my Icind

of case.

www.cuny.edu

Intake U.S. District SOuth Court

212-805-0177

Could nol gel informaticn

No website

NY Public Law

212244-4664

Does not handle my kind
of case.

www.volunteermalch_org

Does not handle my kind

of case .

N

,.:..

13.

4/30/2012

14.

5/1/2012

15.

S/1/2012

16.

'<I:
....

5/2/2012

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In

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11.

5/2/2012

18.

5/3/2012

19.

5/3/2012

11.

Human R"ghts fir>t

212-845-5200

Does nol handle my kind
of cas-e. (Asylum cases)

wvrw. hu man righlsfirst. 0 rg

Pro 90no lawyer

212-244-4664

Does nol handle my kind
olcal'.e.

ww\V_probono.net

Does nol handle my kind
of :ase.

www.sipa.columbia.edu

Columbia SIPA; Faculty Barbara
Nunberg
SIPA Fac.Jlly. Barbara Nunberg
Intern3t'onal Affain Bu·,lding.
Room 818 Professor of
ProfeSSional Practice in
Internal·onal and Public Affa rs
Phone: /12-854,·0535

20.

5/4/2012

21.

5/4/2012

22.

5/7/2012

212-8540535 'iIPA Faculty.
Bar~ara Nunllerg
Inle'national Affaics
Building. ROOl1 818
Professor of Profenlonal
Practice in Inlemationa and
Public Affairs.

NY Lawyers tor the Public
Interest

212-626-7373

Does not handle my kind
of case.

www.nylpi.org

Legal Day Free lpgal Assistance

No r.umber IN front of 60
Center Street

Does not handle my kind
of cue.

No website

Linda Bridgers

917-612-1554

Does not handle my kind
01 case.

N

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,...

.....
Co

23 .

lID

5/7/2012

!,'::!

PROBONO.NET

(212} 760-2554

N

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~

24.

Co

~

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lID
N

,.:.

S/8/2012

....

Bklyn Bar AsSOCiation Pro Bono
Project

1]3 Remsen St
Brooklyn, NY 11201

(718) 624·3894

I-'

3:
u

25.

5/8/2012

.....
.....
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SHiElD (Self-Help Irformation.

Education and legal Defense)

(2121 &26738j HOUls:
Mer.day - Fricay, 9:00 AM­
12:30 PM

Does not handle my kind
of case. Re'er~ed ml!'
www.lawhelp.org

probono.net

Does nOI handle my k,nd
of case. Call T'Jes. Weds,
Thurs Area of law;
Cor-sumer,
DebtjCnedit/Bankrupl<y,
Elder Law, Family &
Juv:!nile, foreclosure.
KIV/AIDS, Housing

WVlW" ye Ip.co m. bi z

Does not handle case, but
referred me to Ijbrarie~.

http://www.newyorkcity.feb.go
v/advocacy.htm

~
~

26.

a..

5/9/2012

The Door Services Center

27.

5/9/2012

6/13/2012

Staten Island The legal Aid
Society Staten Island
Neighborhood

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www.probonc.l1et

100 Church Street, Suite
819 New York, NY 10007
Phone: [phone] Fax:
(646J 845·7464

Left message. Does nOI
handle my kind of case.

www.legalhandle.com/pro­
OOno-anorneys·New-Ycrk.htmf

D·d not answer phone

www.law.cuny.edu

Dces not handle my case
ar.d referred me to legal
Referral.

www.legal-aiC'.org

(71SJ 575-4300

29.

,...

Does nol handle my kind
of case. (Young People:

CUNY law School

6/15/2012

28.

51AN WEBER

121 6th Ave New York, NY
10013·1510 Phone: 212­
941-9090 ext. 233 Fax: .[phone]

Office 60 Bay Street 5t<lten
'-sland, NY 10301 (718) 273­
6677 (718) 44.2·2679 (lax)