Porter v. McDonnell et al, No. 6:2016cv06747 - Document 16 (W.D.N.Y. 2017)
Court Description: DECISION AND ORDER: Plaintiff's 12 Motion to Appoint Counsel is DENIED WITHOUT PREJUDICE. SO ORDERED. A copy of this NEF and Decision and Order have been mailed to the pro se Plaintiff. Signed by Hon. Frank P. Geraci, Jr. on 12/15/2017. (AFM)
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Porter v. McDonnell et al Doc. 16 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JARVIS J. PORTER, Plaintiff, Case # 16-CV-6747-FPG v. DECISION AND ORDER T.J. McDONNELL et al., Defendants. On November 22, 2017, pro se Plaintiff Jarvis Porter moved to appoint counsel. ECF No. 12. There is no constitutional right to appointed counsel in civil cases, although the Court may appoint counsel to assist indigent litigants pursuant to 28 U.S.C. § 1915(e). See, e.g., Sears, Roebuck & Co. v. Charles Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988). The Court must carefully consider whether to appoint counsel, because “every assignment of a volunteer lawyer deprives society of a volunteer lawyer available for a deserving cause.” Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). The Court must consider several factors, including whether the indigent’s claims seem likely to be of substance. See Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997); Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986). Here, it is unclear whether Plaintiff’s claims are likely to be of substance because this case is in the early stages of litigation. Defendant McDonnell just answered Plaintiff’s Complaint on November 10, 2017, and Defendant Carpino’s answer is not due until January 2, 2018. ECF Nos. 10, 13. Therefore, Plaintiff’s Motion to Appoint Counsel (ECF No. 12) is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. Dated: December 15, 2017 Rochester, New York ______________________________________ HON. FRANK P. GERACI, JR. Chief Judge United States District Court Dockets.Justia.com
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