Hernandez v. Bettino et al, No. 1:2011cv04235 - Document 22 (S.D.N.Y. 2011)
Court Description: MEMORANDUM OPINION AND ORDER: re: 18 APPLICATION for the Court to Request Counsel. filed by Vidal Hernandez. The petitioners application for the Court to appoint counsel is denied without prejudice to renewal for failure to make the required showing at this time. The petitioner has not yet made such a showing. (Signed by Judge John G. Koeltl on 10/24/2011) (jfe)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK _____________________________________ VIDAL HERNANDEZ, Petitioner, - against - 11 Civ. 4235 (JGK) MEMORANDUM OPINION AND ORDER ORSID REALTY CORP., ET AL. DEFENDANTS. _____________________________________ JOHN G. KOELTL, District Judge: The petitioner s application for the Court to appoint counsel is denied without prejudice to renewal for failure to make the required showing at this time. The Court of Appeals for the Second Circuit has articulated factors that should guide the Court s discretion to appoint counsel to represent an indigent civil litigant under 28 U.S.C. ยง 1915. See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986); Jackson v. Moscicki, No. 99 Civ. 2427 (JGK), 2000 WL 511642, at *4 (S.D.N.Y. Apr. 27, 2000). For the Court to order the appointment of counsel, the petitioner must, as a threshold matter, demonstrate that his claim has substance or a likelihood of success on the merits. See Hodge, 802 F.2d at 61-62. Only then can the Court consider the other factors appropriate to determination of whether counsel should be appointed: plaintiff s ability to obtain representation independently, and 1 his ability to handle the case without assistance in the light of the required factual investigation legal issues l 1 the complexity of the and the need for expertly conducted cross- examination to test veracity. 877 F.2d 170 l /I Cooper v. A. Sargenti Co. 172 (2d Cir. 1989). 1 Inc. 1 The petitioner has not yet made such a showing. SO ORDERED. Dated: New York, New York October 24, 2011 John G. Koeltl States District Judge 2
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