Amit P. Mehta, United States District Judge.
Plaintiff Marcus C. Gaskins has filed a motion for appointment of counsel. See Pl.'s Renewed Mot. for Ct.-Appointed Att'y, ECF No. 26 [hereinafter Pl.'s Mot.]. For the reasons explained below, Plaintiff's motion is denied without prejudice.
In determining whether to appoint counsel in a civil case, the court ordinarily would be guided by the factors set forth in Local Civil Rule 83.11(b)(3). But this case involves a claim of employment discrimination under Title VII, see Mem. to Parties,
The court begins with the first Poindexter factor — Plaintiff's ability to afford counsel. "In evaluating the plaintiff's ability to afford counsel, a court should not insist that a plaintiff be destitute, nor should it demand as substantial a showing as that required to proceed in forma pauperis." See Poindexter, 737 F.2d at 1186 (footnote omitted). Rather, as the Circuit explained in Poindexter: "Given Congress' concern about the financial burden resulting from attorneys' fees, appointment surely should not be refused because of a plaintiff's income or assets if payment of fees would jeopardize the plaintiff's ability to maintain the necessities of life." Id. Plaintiff's Renewed Motion provides little information about his present financial circumstances, except to say that he is "currently unemployed." Pl.'s Mot. at 1. Other docket entries, by contrast, suggest that Plaintiff may have some resources to secure counsel. In denying Plaintiff's motion for leave to proceed in forma pauperis, prior to his case's transfer, see supra note 1, Judge Russell held that, although Plaintiff indicated that he has substantial student loan debt and that his monthly income barely exceeds his monthly expenses, Plaintiff was not entitled to in forma pauperis status given his monthly income of approximately $4,000 and other assets totaling $8,000. See Order, ECF No. 3. Thus, Plaintiff's precise financial circumstances are unclear. Nevertheless, for present purposes, the court will assume that there is at least some financial need. Cf. Mokhtar, 285 F.Supp.3d at 58 (finding it unnecessary to evaluate the remaining Poindexter factors where the plaintiff's motion for appointment of counsel gave the court "no information from which to evaluate whether she [was] capable of affording counsel").
The remaining Poindexter factors, however, all weigh against the appointment of counsel at this early stage of the proceedings. First, as to the merits of Plaintiff's claims, his "chance of prevailing," see Poindexter, 737 F.2d at 1187, remains very much in doubt. Defendant has filed a Motion
Next, Plaintiff "has made no showing whatsoever with respect to whether [he] has made `a reasonably diligent effort under the circumstances to obtain counsel.'" Robinson-Reeder, 626 F.Supp.2d at 16 (quoting Poindexter, 737 F.2d at 1188); see Pl.'s Mot. at 1. Although a plaintiff need not "exhaust the legal directory before a court could appoint him an attorney," Poindexter, 737 F.2d at 1188 (internal quotation mark omitted), Plaintiff has not given any indication of any effort made towards securing counsel.
Finally, as to whether Plaintiff is unable to adequately present his case without counsel, Plaintiff does not make that claim. See Pl.'s Mot. Moreover, Plaintiff appears to have successfully navigated the administrative review process, see Notice to Court, ECF No. 27, at 1 — no easy task — and has articulated at least part of the factual basis for his forthcoming opposition, see id at 2-3, giving the court reason to believe that he has the capacity to address the relatively uncomplicated legal and factual issues presented in this case. Cf. Poindexter, 737 F.2d at 1188-89. Plaintiff thus has not shown that court-appointed counsel is needed at this juncture to present his case.
In sum, after carefully reviewing the Poindexter factors and Plaintiff's motion, the court determines that appointment of counsel is not warranted at this time. The court is prepared to revisit this decision should this matter proceed to discovery or trial. Accordingly, Plaintiff's Motion for Appointment of Counsel, ECF No. 26, is denied without prejudice.