Bonneau v. LaManna

Filing 46

ORDER re: 45 Letter filed by Jude Bonneau. The undersigned is in receipt of Petitioner's letter dated November 14, 2020, which was received and docketed on November 30, 2020. ECF No. 45. The letter is Petitioner's third request for appointment of counsel. Petitioner's two previous requests for appointment of counsel were denied. In an order dated August 6, 2019, the Honorable Lisa Margaret Smith denied Petitioner's first request for appointment of counsel, which w as made orally during an August 6, 2019 status conference. Magistrate Judge Smith determined that Petitioner had not satisfied the factors set forth in Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986), the case that provides the standar d courts in this Circuit use to determine whether appointment of counsel in a civil matter is appropriate. See ECF No. 30 at 5-7. Subsequently, in an order dated June 4, 2020, Magistrate Judge Smith denied Petitioner's second request for the appointment of counsel, which was submitted in writing. See ECF No. 43 (Petitioner's request for counsel); ECF No. 44 (order denying request for counsel). The basis for Petitioner's second request for counsel was that his legal assistant had, sadly, passed away due to COVID-19. See ECF No. 43. Magistrate Judge Smith's June 4, 2020 order explained, however, that Petitioner's second request did not address the Court's prior finding that Petitioner had not shown that h is claims are likely to be successful on the merits, its lack of information about Petitioner's attempt to obtain counsel, and its prior finding that Petitioner is capable to handling this case without assistance at this time. ECF No. 44. In his most recent application seeking counsel, Petitioner reiterates the unfortunate fact that his legal assistant passed away due to COVID-19. As with the May 2020 application, Petitioner again fails to offer any explanation for how he now satisfies the Hodge factors for appointment of counsel. Indeed, this most recent letter simply restates the same request that Magistrate Judge Smith previously denied. Accordingly, for the reasons set forth in Magistrate Judge Smith's prior rulings on this issue, see ECF Nos. 30, 44, Petitioner's third request for appointment of counsel is DENIED WITHOUT PREJUDICE. The Clerk of the Court is directed to mail a copy of this order to the pro se Petitioner. (Signed by Magistrate Judge Andrew E. Krause on 12/22/2020) (nb) Transmission to Docket Assistant Clerk for processing.

Case 7:18-cv-02228-CS-AEK Document 46 Filed 12/22/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
Jude Bonneau,
Petitioner,
-against-

ORDER
18 Civ. 2228 (CS)(AEK)

Jamie LaManna,
Respondent.
-------------------------------------------------------------X
THE HONORABLE ANDREW E. KRAUSE, U.S.M.J. 1
The undersigned is in receipt of Petitioner’s letter dated November 14, 2020, which was
received and docketed on November 30, 2020. ECF No. 45. The letter is Petitioner’s third
request for appointment of counsel.
Petitioner’s two previous requests for appointment of counsel were denied. In an order
dated August 6, 2019, the Honorable Lisa Margaret Smith denied Petitioner’s first request for
appointment of counsel, which was made orally during an August 6, 2019 status conference.
Magistrate Judge Smith determined that Petitioner had not satisfied the factors set forth in Hodge
v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986), the case that provides the standard courts
in this Circuit use to determine whether appointment of counsel in a civil matter is appropriate.
See ECF No. 30 at 5-7. Subsequently, in an order dated June 4, 2020, Magistrate Judge Smith
denied Petitioner’s second request for the appointment of counsel, which was submitted in
writing. See ECF No. 43 (Petitioner’s request for counsel); ECF No. 44 (order denying request
for counsel). The basis for Petitioner’s second request for counsel was that his legal assistant

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The Honorable Cathy Seibel referred this matter to the Honorable Lisa Margaret Smith
on April 12, 2018. ECF No. 7. The matter was reassigned to the undersigned on October 17,
2020.

Case 7:18-cv-02228-CS-AEK Document 46 Filed 12/22/20 Page 2 of 2

had, sadly, passed away due to COVID-19. See ECF No. 43. Magistrate Judge Smith’s June 4,
2020 order explained, however, that Petitioner’s second request did not “address the Court’s
prior finding that Petitioner had not shown that his claims are likely to be successful on the
merits, its lack of information about Petitioner’s attempt to obtain counsel, and its prior finding
that Petitioner is capable to handling this case without assistance at this time.” ECF No. 44.
In his most recent application seeking counsel, Petitioner reiterates the unfortunate fact
that his legal assistant passed away due to COVID-19. As with the May 2020 application,
Petitioner again fails to offer any explanation for how he now satisfies the Hodge factors for
appointment of counsel. Indeed, this most recent letter simply restates the same request that
Magistrate Judge Smith previously denied. Accordingly, for the reasons set forth in Magistrate
Judge Smith’s prior rulings on this issue, see ECF Nos. 30, 44, Petitioner’s third request for
appointment of counsel is DENIED WITHOUT PREJUDICE.
The Clerk of the Court is directed to mail a copy of this order to the pro se Petitioner.
Dated: December 22, 2020
White Plains, New York
SO ORDERED.

___________________________________
ANDREW E. KRAUSE
United States Magistrate Judge

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