Acevedo v. City of New York
- Gregory Woods
- 1:24-cv-00558
- U.S. District Court · Southern District of New York
- 2
In Acevedo v. City of New York, Judge Woods denied Felipe Acevedo’s request for counsel without prejudice because it was too early to assess his claims.
Felipe Acevedo’s request for volunteer counsel was denied without prejudice; his fee-free status for an appeal from this order was also denied.
What happened
In Acevedo v. City of New York, Felipe Acevedo asked the court for help finding a lawyer while seeking more time to file an amended complaint. His application to proceed without paying court fees had already been granted.
The court explained that civil litigants do not automatically receive free lawyers. Courts may ask volunteer lawyers to help in appropriate cases, considering factors such as the strength of the claims, efforts to find a lawyer, and the person’s ability to present the case alone. The strength of the claims is the most important factor.
Judge Gregory H. Woods denied Acevedo’s request for counsel without prejudice because the case was still too early for the court to evaluate the claims. The court said Acevedo may ask again later. It also denied fee-free status for any appeal from this order and directed the Clerk to send Acevedo a certified copy.
The detailed version
- Acevedo v. City of New York · No. 1:24-cv-00558
- Gregory Woods
- Feb. 5, 2025
Background
Felipe Acevedo moved for more time to file an amended complaint. In the same letter, he asked whether the court could help him obtain a lawyer. The court noted that Acevedo’s application to proceed without paying court fees had been granted, so he qualified as unable to afford counsel for purposes of the request.
Legal standard
Under 28 U.S.C. § 1915(e)(1), a court may request that a volunteer lawyer represent a person who cannot afford counsel. In a civil case, however, the court is not required to provide a lawyer. The court has broad discretion over whether to seek volunteer representation and cannot order a lawyer to serve; it can only request that a lawyer volunteer. Because courts have no funds to pay lawyers in these civil matters, requests are considered sparingly.
The court considers the apparent merits of the claims, the person’s efforts to obtain a lawyer, and the person’s ability to gather facts and present the case without assistance. The merits of the claims receive the most attention.
Ruling
Judge Gregory H. Woods denied Acevedo’s request for appointment of counsel without prejudice because the proceedings were too early for the court to assess the merits of his claims. The order states that Acevedo may make another request for the court to seek volunteer counsel at a later date.
The court also certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to mail Acevedo a copy of the order by certified mail.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.