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Doe v. 48-50 West 65th Street, LLC, 18 Civ. 11501. (2020)

Court: District Court, S.D. New York Number: infdco20200302464 Visitors: 5
Filed: Feb. 25, 2020
Latest Update: Feb. 25, 2020
Summary: ORDER LORETTA A. PRESKA , Senior District Judge . Before the Court is pro se defendant Heath Saunders' application for appointment of pro bono counsel [dkt. no. 60]. The factors to be considered in ruling on an indigent litigant's request for counsel include the merits of the case, the litigant's efforts to obtain a lawyer, and the litigant's ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargent Co. , 877 F.2d 170 , 172 (2d Cir. 1989); Hodge
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ORDER

Before the Court is pro se defendant Heath Saunders' application for appointment of pro bono counsel [dkt. no. 60]. The factors to be considered in ruling on an indigent litigant's request for counsel include the merits of the case, the litigant's efforts to obtain a lawyer, and the litigant's ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargent Co., 877 F.2d 170, 172 (2d Cir. 1989); Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are "[t]he factor which command[s] the most attention." Cooper, 877 F.2d at 172. As it is too early in the proceedings for the Court to assess the merits of the action, Mr. Saunders' motion for counsel is DENIED without prejudice to renewal at a later date.

The Clerk of the Court is directed to close the open motion [dkt. no. 60] and mail a copy of this order to Mr. Saunders.

SO ORDERED.

Source:  Leagle

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