Porter v. McDonnell et al

Filing 16

DECISION AND ORDER: Plaintiff's 12 Motion to Appoint Counsel is DENIED WITHOUT PREJUDICE. SO ORDERED. A copy of this NEF and Decision and Order have been mailed to the pro se Plaintiff. Signed by Hon. Frank P. Geraci, Jr. on 12/15/2017. (AFM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
JARVIS J. PORTER,
Plaintiff,
Case # 16-CV-6747-FPG
v.
DECISION AND ORDER
T.J. McDONNELL et al.,
Defendants.

On November 22, 2017, pro se Plaintiff Jarvis Porter moved to appoint counsel. ECF No. 12.
There is no constitutional right to appointed counsel in civil cases, although the Court may appoint counsel
to assist indigent litigants pursuant to 28 U.S.C. § 1915(e). See, e.g., Sears, Roebuck & Co. v. Charles
Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988). The Court must carefully consider whether to
appoint counsel, because “every assignment of a volunteer lawyer deprives society of a volunteer lawyer
available for a deserving cause.” Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). The Court
must consider several factors, including whether the indigent’s claims seem likely to be of substance. See
Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997); Hodge v. Police Officers, 802 F.2d 58 (2d Cir.
1986).
Here, it is unclear whether Plaintiff’s claims are likely to be of substance because this case is in
the early stages of litigation. Defendant McDonnell just answered Plaintiff’s Complaint on November 10,
2017, and Defendant Carpino’s answer is not due until January 2, 2018. ECF Nos. 10, 13. Therefore,
Plaintiff’s Motion to Appoint Counsel (ECF No. 12) is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Dated: December 15, 2017
Rochester, New York
______________________________________
HON. FRANK P. GERACI, JR.
Chief Judge
United States District Court