Baptiste v. Griffin et al

Filing 62

ORDER denying without prejudice to renewal by formal motion 58 Motion to Appoint Counsel ; terminating 59 Motion for Reconsideration re 58 MOTION to Appoint Counsel. filed by Malcolm Baptiste, 59 MOTION for Reconsideration. filed by Malcolm Baptiste, 61 LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Malcolm Baptiste dated 5/12/2021. filed by Malcolm Baptiste ; terminating 61 Letter Motion for Extension of Time. Plaintiff's mot ion for appointment of pro bono counsel is DENIED, without prejudice to renew at a later date. Unlike in criminal proceedings, the Court does not have the power to obligate attorneys to represent indigent pro se litigants in civil cases. See Malla rd v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296, 308-09 (1989). Instead, pursuant to 28 U.S.C. § 1915 (e)(1), the Court may, at its discretion, order that the Pro Se Office request an attorney to represent an indigent litigant by placing the matter on a list circulated to attorneys who are members of the Court's pro bono panel. See Palacio v. City of New York, 489 F. Supp. 2d 335, 344 (S.D.N.Y. 2007). The Second Circuit set forth the standards governing the appointmen t of counsel in pro se cases in Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997), Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989), and Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). At this stage of the litigation, Plaintiff has failed to demonstrate that his position is "likely to be of substance," Hodge, 802 F.2d at 61. Therefore, the Court denies Plaintiff's motion, without prejudice to renew at a later date. The briefing schedule for Defen dant's motion for summary judgment is STAYED. Plaintiff is granted leave to go before Judge Davison for the limited purpose of reopening discovery to hear Plaintiff's reconsideration motion, provided that Plaintiff's time to object to Judge Davison's ruling has not yet expired. Following resolution of the discovery issue, the parties are directed to notify the Court within seven (7) days and the Court will issue a revised briefing schedule for Defendants motion for summar y judgment. The Clerk of the Court is directed to terminate the motion at ECF Nos. 59 and 61, mail a copy of this order to pro se Plaintiff, and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 5/25/2021) (rj) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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MALCOLM BAPTISTE,
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Plaintiff,
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-v:
MICHAEL T. NAGY,
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Defendant.
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X
---------------------------------------------------------------------Román, D.J.:

5/25/2021

18 cv 7274 (NSR)
ORDER

On August 10, 2018, pro se Plaintiff Malcolm Baptiste (“Plaintiff”) commenced the
instant action, bringing claims pursuant to 42 U.S.C. § 1983 against Defendant Michael T. Nagy
(“Defendant”) and others. (ECF No. 2.) On October 13, 2019, the Court dismissed all claims
except an excessive force claim against Defendant. (ECF No. 23.) On January 23, 2020, the
action was referred to Magistrate Judge Paul E. Davison for general pretrial purposes, including
discovery. (ECF No. 29.)
On February 12, 2021, the parties appeared before this Court for a telephonic status
conference and indicated that discovery was complete. Plaintiff did not indicate any outstanding
discovery issues. Defendant was granted leave to file a motion for summary judgment and a
briefing schedule was set. On March 26, 2021, the Court granted Defendant’s request to extend
the briefing schedule. (ECF No. 50.)
On April 28, 2021, the Court received Plaintiff’s motion for appointment of pro bono
counsel. (ECF No. 28.) On April 30, 2021, the Court received Plaintiff’s motion seeking
reconsideration of an oral discovery ruling Judge Davison made on October 14, 2020. (ECF No.

59.) On May 6, 2021, Defendant filed opposition to Plaintiff’s motion seeking reconsideration of
Judge Davison’s discovery ruling. (ECF No. 60.) On May 21, 2021, the Court received
Plaintiff’s motion pursuant to Rule 56(d) and a request for an extension of the summary
judgment briefing schedule. (ECF No. 61.)
Plaintiff’s motion for appointment of pro bono counsel is DENIED, without prejudice to
renew at a later date. Unlike in criminal proceedings, the Court does not have the power to
obligate attorneys to represent indigent pro se litigants in civil cases. See Mallard v. U.S. Dist.
Court for the S. Dist. of Iowa, 490 U.S. 296, 308-09 (1989). Instead, pursuant to 28 U.S.C. §
1915 (e)(1), the Court may, at its discretion, order that the Pro Se Office request an attorney to
represent an indigent litigant by placing the matter on a list circulated to attorneys who are
members of the Court’s pro bono panel. See Palacio v. City of New York, 489 F. Supp. 2d 335,
344 (S.D.N.Y. 2007). The Second Circuit set forth the standards governing the appointment of
counsel in pro se cases in Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997), Cooper v. A.
Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989), and Hodge v. Police Officers, 802 F.2d 58, 6062 (2d Cir. 1986). At this stage of the litigation, Plaintiff has failed to demonstrate that his
position is “likely to be of substance,” Hodge, 802 F.2d at 61. Therefore, the Court denies
Plaintiff’s motion, without prejudice to renew at a later date.
The briefing schedule for Defendant’s motion for summary judgment is STAYED.
Plaintiff is granted leave to go before Judge Davison for the limited purpose of reopening
discovery to hear Plaintiff’s reconsideration motion, provided that Plaintiff’s time to object to
Judge Davison’s ruling has not yet expired.

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Following resolution of the discovery issue, the parties are directed to notify the Court
within seven (7) days and the Court will issue a revised briefing schedule for Defendant’s motion
for summary judgment. The Clerk of the Court is directed to terminate the motion at ECF Nos.
59 and 61, mail a copy of this order to pro se Plaintiff, and show service on the docket.
SO ORDERED.
Dated: May 25, 2021
New York, New York

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Nelson S. Román
United States District Judge

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