Reed v. The City of New York ( 2021 )

DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: CALVIN REED, DATE FILED:_10/27/2021 Plaintiff, 20-CV-8352 (JPC) (BCM) -against- ORDER THE CITY OF NEW YORK, et al., Defendants. BARBARA MOSES, United States District Judge. On October 1, 2021, plaintiff submitted an application for appointment of pro bono counsel (Dkt. No. 23). In determining whether to grant an application for counsel, the Court must consider "the merits of plaintiff's case, the plaintiff's ability to pay for private counsel, his efforts to obtain a lawyer, the availability of counsel, and the plaintiff's ability to gather the facts and deal with the issues if unassisted by counsel." Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989) (per curiam). As a threshold matter, in order to qualify for appointment of counsel plaintiff must demonstrate that his claim has substance or a likelihood of success. See Hodge v. Police Officers, 802 F.2d 58, 60-61 (2d Cir. 1986). In reviewing a request for appointment of counsel, the Court must be cognizant of the fact that volunteer attorney time is a precious commodity and, thus, should not grant appointment of counsel indiscriminately. Cooper, 877 F.2d at 172. A more fully developed record will be necessary before it can be determined whether plaintiffs chances of success warrant the appointment of counsel. Accordingly, it is hereby ORDERED that plaintiff's October 1, 2021 application for the appointment of counsel is DENIED without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated. The Clerk of Court is directed to mail a copy of this order to plaintiff. Dated: New York, New York October 27, 2021 SO ORDERED. Seale BARBARA MOSES United States Magistrate Judge