Rodriguez v. Vance, No. 1:2018cv06202 - Document 12 (S.D.N.Y. 2018)
Court Description: MEMORANDUM OPINION AND ORDER re: 3 APPLICATION for the Court to Request Counsel. filed by Lorenzo Rodriguez. The petitioner's application for the Court to appoint counsel is denied without prejudice. The Clerk of Court is directed to close Docket Number 3. SO ORDERED. (Signed by Judge John G. Koeltl on 10/2/18) (yv)
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Rodriguez v. Vance Doc. 12 USDC SONY DOCUMENT ELECTRONICALLY FILED DOC# UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DATEF;.:-;l~LE::-;:D~:-_-__ LORENZO RODRIGUEZ, 18 Civ. 6202 (JGK) Petitioner, MEMORANDUM OPINION AND ORDER - against CYRUS R. VANCE, JR., et al., Respondents. JOHN G. KOELTL, District Judge: The petitioner requests that the Court appoint counsel to represent him. (Dkt. No. 3.) Under 28 U.S.C. § 1915, the Court "may request an attorney to represent any person unable to afford counsel." 28 U.S.C. § 1915(e) (1). However, 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. Officers, 802 F.2d 58, 60-61 See See Hodge v. Police (2d Cir. 1986). The Court cannot make such a determination until there is further briefing of the petition on the merits. Thus, the petitioner's application for the Court to appoint counsel is denied without prejudice. The Clerk of Court is directed to close Docket Number 3. SO ORDERED. Dated: New York, New York October 2, 2018 United States District Judge Dockets.Justia.com
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