Harrell v. The People of The State of New York, No. 1:2017cv00758 - Document 20 (S.D.N.Y. 2018)

Court Description: OPINION AND ORDER re: 19 APPLICATION to Appoint Counsel pursuant to 18 U.S.C. 3006(A)(g) (Habeas Corpus Petition), filed by James Harrell. The Court denies Harrell's application without prejudice. The Clerk of Court is directed to terminate the motion at ECF No. 19. (Signed by Magistrate Judge Sarah Netburn on 11/5/2018) Copies Mailed By Chambers. (ras)

Download PDF
Harrell v. The People of The State of New York Doc. 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X 11/5/2018 JAMES HARRELL, Petitioner, 17-CV-758 (LAP)(SN) OPINION AND ORDER -againstPAUL CHAPPIUS, JR., Respondent. -----------------------------------------------------------------X SARAH NETBURN, United States Magistrate Judge: By letter dated October 19, 2018, pro se petitioner James Harrell moves the Court to grant his request for pro bono counsel. For the reasons set forth below, the motion is denied without prejudice. A federal judge has “broad discretion” when deciding whether to appoint counsel to an indigent litigant. Hodge v. Police Officers, 802 F.2d 58, 60 (2d Cir. 1986). See Burgos v. Hopkins, 14 F.3d 787, 789 (2d Cir. 1994). There “is no requirement that an indigent litigant be appointed pro bono counsel in civil matters.” Id. at 789; 28 U.S.C. § 1915(e). The factors to be considered in ruling on a motion for pro bono counsel are well settled and include “the merits of plaintiff’s case, the plaintiff’s ability to pay for private counsel, [plaintiff’s] 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., 877 F.2d 170, 172 (2d Cir. 1989). Of these, “the factor which command[s] the most attention [is] the merits.” Indeed: Courts do not perform a useful service if they appoint a volunteer lawyer to a case which a private lawyer would not take if it were Dockets.Justia.com brought to his or her attention. Nor do courts perform a socially justified function when they request the services of a volunteer lawyer for a meritless case that no lawyer would take were the plaintiff not indigent. Id. Here, Harrell filed this habeas petition challenging the constitutionality of his 2012 New York County conviction. On June 16, 2017, the Court stayed this action pending the resolution of several challenges to that conviction in New York State court. See ECF No. 12. Until those cases have reached a final resolution, it is not possible for the Court to assess whether Harrell’s case has sufficient merit to warrant the appointment of counsel. Accordingly, the Court denies Harrell’s application without prejudice. The Clerk of Court is directed to terminate the motion at ECF No. 19. SO ORDERED. DATED: New York, New York November 5, 2018 cc: James Harrell (by Chambers) 12-A-4228 Five Points Correctional Facility 6600 State Rt. 96 P.O. Box 119 Romulus, NY 14541 PRO SE

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.