Padilla v. Westchester County et al

Filing 31

MEMORANDUM OPINION AND ORDER: The plaintiff's application for the Court to request counsel is therefore granted. Due to a scarcity of volunteer attorneys, a lengthy period of time may pass before counsel volunteers to represent plaintiff. Nevertheless, this litigation will progress at a normal pace (Signed by Judge John G. Koeltl on 6/29/2012) (js)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
EDWARD PADILLA,
Plaintiff,

12 Civ. 289 (JGK)

- against -

MEMORANDUM OPINION AND
ORDER

WESTCHESTER COUNTY, ET AL.,
Defendants.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The plaintiff, Edward Padilla, proceeding pro se, has filed
an application for the Court to request 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.
See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986).
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.

If the plaintiff satisfies these

requirements, the Court must next consider 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 filed a request to proceed in forma pauperis
when he filed this action.

When he filed his application for

the Court to request counsel, he affirmed that his financial
status had not changed.

Based on the plaintiff's applications,

the Court finds that he qualifies as indigent under Hodge.
The plaintiff has made sufficient allegations that his
claim has substance or a likelihood of success on the merits to
warrant granting the plaintiff's application.

Moreover, the

other relevant factors also weigh in favor of granting the
plaintiff's application.

The plaintiff lacks ready access to

facilities that would enable him to conduct factual
investigation and is ill-equipped to handle the complex legal
issues presented by the case without the assistance of counsel.
The plaintiff's application for the Court to request
counsel is therefore granted.

Due to a scarcity of volunteer

attorneys, a lengthy period of time may pass before counsel
volunteers to represent plaintiff.

Nevertheless, this

litigation will progress at a normal pace.
SO ORDERED.
Dated:

New York, New York

~~~r.'

2012

G. Koelt1
Judge

2