St. Martin v. Monroe County, NY Sheriff's Department et al, No. 6:2010cv06433 - Document 6 (W.D.N.Y. 2010)

Court Description: DECISION & ORDER denying 2 Motion to Appoint Counsel. Signed by Hon. Marian W. Payson on 9/15/2010. (KAH)

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St. Martin v. Monroe County, NY Sheriff's Department et al Doc. 6 -PS-O- UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOSEPH C. ST. MARTIN, Plaintiff, DECISION and ORDER 10-CV-6433CJS(P) -vMONROE COUNTY, NY SHERIFF'S DEPARTMENT, EDWARD CERONE, MARK NEVELEZER, BRIAN UNTERBORN, MONROE COUNTY, NY DA OFFICE and LETICIA ASTACIO, Defendants. Plaintiff, who is proceeding pro se and has paid the filing fee has requested appointment of counsel (Docket # 2). The Court has not found him to be indigent. A party has no constitutionally guaranteed right to the assistance of counsel in a civil case. See, e.g., United States v. Coven, 662 F.2d 162, 176 (2d Cir.1981), cert. denied, 456 U.S. 916 (1982). The authority for appointing pro bono counsel for litigants in civil rights actions is found in 28 U.S.C. § 1915, the statute governing proceedings in forma pauperis. Appointment of counsel under 28 U.S.C. § 1915 is allowed only where a litigant is found by a court to be indigent. See 28 U.S.C. § 1915(e)(1); Sears, Roebuck and Co. v. Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir.1988) (affirming decision not to appoint counsel where civil litigant not indigent for purposes of proceeding in forma pauperis ); Arch Associates, Inc. v. HuAmerica International, 1993 WL 452599 *2 (S.D.N.Y. Nov. 1, 1993) (28 U.S.C. § 1915 allows appointment of counsel only where a litigant is indigent). Dockets.Justia.com In this case, although plaintiff asserts that he cannot afford an attorney, plaintiff has not filed a completed application to proceed in forma pauperis which provides the Court with actual information regarding his financial status. The Court cannot appoint counsel to plaintiff, and his request is, therefore, denied. SO ORDERED. DATED: Rochester, New York September 15, 2010 s/Marian W. Payson MARIAN W. PAYSON United States Magistrate Judge 2

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