Estevez v. The City of New York et al

Filing 32

MEMORANDUM OPINION AND ORDER re: 29 APPLICATION for the Court to Request Counsel filed by Juan Estevez. The plaintiff has sought appointment of pro bono counsel. The plaintiff's application to appoint counsel is denied without prejudice for failure to make the required showing. The time to file an amended complaint is extended to August 30, 2016. (Amended Pleadings due by 8/30/2016.) (Signed by Judge John G. Koeltl on 7/20/2016) (kko)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
────────────────────────────────────
JUAN ESTEVEZ,
Plaintiff,
- against -

16-cv-73(JGK)
MEMORANDUM OPINION AND
ORDER

CITY OF NEW YORK, ET AL.,
Defendants.
────────────────────────────────────
JOHN G. KOELTL, District Judge:
The plaintiff has sought appointment of pro bono counsel.
The plaintiff’s application to appoint counsel is denied without
prejudice for failure to make the required showing. 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-cv-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 the 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 a
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 crossexamination to test veracity.” Cooper v. A. Sargenti Co., Inc.,
877 F.2d 170, 172 (2d Cir. 1989).
The Court cannot determine at this time whether the
plaintiff’s claims have merit because the plaintiff has not 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.
The time to file an amended complaint is extended to August
30, 2016.
SO ORDERED.
Dated:

New York, New York
July 20, 2016

___________/s/_______________
John G. Koeltl
United States District Judge