Toliver v. P.H.S. Corp. and Mental Health-Kepplinphillps et al, No. 1:2010cv05355 - Document 5 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER: The plaintiff's application for appointment of counsel filed September 16, 2010 is denied at this time without prejudice to renewal. At this point in the proceedings, the Court denies the Plaintiff's applicatio n for appointment of counsel without prejudice to renewal because the Court cannot determine based on the record that the plaintiff's claims are substantial or that he is likely to succeed on the merits. The plaintiff should work with the Pro Se Office of the Court for any additional help that he needs and should also seek to obtain private counsel. The Pro Se Office may be contacted at: Pro Se Office, United States District Court, S.D.N.Y., 500 Pearl St, New York, N.Y. 10007, 212-805 0175. (Signed by Judge John G. Koeltl on 9/29/2010) (jfe)
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Toliver v. P.H.S. Corp. and Mental Health-Kepplinphillps et al Doc. 5 fL<SDS SDNY j DOC!) LLY FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 10 Civ. 5355 (JGK) MICHAEL TOLIVER I Plaintiff l - AGAINST - MEMORANDUM OPINION AND ORDER P.H.S. CORP. AND MENTAL HEALTHKEPPLINPHILLPS I ET AL'I Defendants. JOHN G. KOELTL, District Judge: The plaintiff's application fil appointment of counsel September 16 1 2010 is denied at this time without prejudice to renewal. For the Court to order the appointment of counsell pIa iff must I as a threshold matter l demonstrate that his claim has substance or a likelihood of success on the merits. Hodge v. Police Officers l 802 F.2d 58, 61 62 (2d Cir. 1986). Only then can the Court consider the other factors appropriate to determination of whether counsel should be appointed: "plaintiff's ability to obtain representat independentlYI and his ability to handle the case without assistance in the light the red factual investigation, the complexity of the legal issues, and the need for expertly conducted cross examination to test veracity." Cooper v. A. Sargenti Co., Inc., 877 F.2d 170 1 172 (2d Cir. 1989). Dockets.Justia.com At this point in the proceedings, the Court denies the aintiff's application for appointment counsel without prejudice to renewal because the Court cannot determine based on the record that the plaintiff's claims are substantial or that he is likely to succeed on the merits. The plaintiff should work with the Pro Se Office of the Court for any additional help that he needs and should also seek to obtain private counsel. at: The Pro Se Off Pro Se Office, United States Pearl St, New York, N.Y. may be contacted strict Court, S.D.N.Y., 500 10007, 212-805 0175. SO ORDERED. Dated: New York, New York 2010 Koe1t1 District Judge 2