The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
DESHANAE L. BROWN,
Plaintiff,
– against –
ORDER
NEW YORK CITY HUMAN
No. 23-cv-9113 (ER)
RESOURCES ADMINISTRATION,
MOUSTAPHA BOUKARI, FRANK
AGBI, ASRA HORTON, LAURIE
MOORE, and CANDI RUFUS,
Defendants.
Ramos, D.J.:
On November 6, 2023, Plaintiff requested that the Court appoint pro bono counsel. Doc.
11.
�e request is denied at this time. Courts do not have the power to obligate attorneys to
represent pro se litigants in civil cases. Mallard v. U.S. Dist. Ct. for the S. Dist. of Iowa, 490
U.S. 296, 310 (1989). Instead, pursuant to 28 U.S.C. § 1915(e)(1), the Court may, in its
discretion, order that the Pro Se Office request that an attorney represent an indigent litigant by
placing the matter on a list that is circulated to attorneys who are members of the Court’s Pro
Bono Panel. Palacio v. City of New York, 489 F. Supp. 2d 335, 344 (S.D.N.Y. 2007). �e
standards governing the appointment of counsel in pro se cases were set forth by the Court of
Appeals in Hendricks v. Coughlin, 114 F.3d 390, 392 (2d Cir. 1997), Cooper v. A. Sargenti Co.,
877 F.2d 170, 172 (2d Cir. 1989), and Hodge v. Police Officers, 802 F.2d 58, 60-61 (2d Cir.
1986). Collectively, these cases stand for the principle that the Court must “first determine
whether the indigent’s position seems likely to be of substance,” Hodge, 802 F.2d at 61, and, if
this threshold requirement is met, then the Court must consider additional factors including the
pro se litigant’s “ability to handle the case without assistance,” Cooper, 877 F.2d at 172; accord
Hendricks, 114 F.3d at 392.
The Court is unable to conclude at this time that Plaintiff’s claims are likely to have merit,
although naturally that may change as the litigation progresses. Accordingly, the application for
the appointment of pro bono counsel is DENIED without prejudice to possible renewal at a later
stage in the progress of the case.
The Clerk of Court is respectfully directed to terminate the motion, Doc. 11.
It is SO ORDERED.
Dated: April 3, 2024 (a
New York, New York
Edgardo Ramos, U.S.D.J.