Genao v. City of New York et al, No. 1:2021cv00301 - Document 51 (S.D.N.Y. 2022)
Court Description: OPINION AND ORDER re: (47 in 1:21-cv-00303-AT-VF) APPLICATION for the Court to Request Counsel. filed by Gabino Genao, (42 in 1:21-cv-00301-AT-VF) APPLICATION for the Court to Request Counsel. filed by Gabino Genao. Accordingly, the Court denies the motion without prejudice at the current stage.SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 4/29/2022) (rro)
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Genao v. City of New York et al Doc. 51 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X 4/29/2022 GABINO GENAO, Plaintiff, -against- 21-CV-00303 (AT) (VF) 21-CV-00301 (AT) (VF) OPINION AND ORDER CITY OF NEW YORK et al., Defendants. -----------------------------------------------------------------X VALERIE FIGUEREDO, United States Magistrate Judge: On January 27, 2022, Plaintiff Gabino Genao filed a Motion for the Appointment of Counsel in the above referenced actions, asserting, among other things, that such appointment is warranted because (1) Plaintiff is unable to afford counsel; (2) the issues involved in the case are complex; (3) as a “segregation inmate,” Plaintiff has limited access to the law library; and (4) Plaintiff has limited knowledge of the law. Defendants have not opposed this motion. 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. Sargenti Co., 877 F.2d 170, 172-74 (2d Cir. 1989). Of these, “the factor which command[s] the most attention [is] the merits.” Id. Indeed: [c]ourts 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 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. Dockets.Justia.com Id. Here, Plaintiff has not made a “threshold showing of some likelihood of merit.” Id. Accordingly, the Court denies the motion without prejudice at the current stage. SO ORDERED. DATED: April 29, 2022 New York, New York ______________________________ VALERIE FIGUEREDO United States Magistrate Judge 2
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