Cruzado v. Combs
- Laura Swain
- 1:24-cv-08203
- U.S. District Court · Southern District of New York
- 2
In Cruzado v. Combs, Judge Swain denied Cruzado’s requests for pro bono counsel without prejudice to renewal.
Anthony Nelson Cruzado’s requests for volunteer counsel and his requests for case-status updates were affected; the order also denied permission to appeal without paying filing fees.
What happened
In Cruzado v. Combs, Anthony Nelson Cruzado, who was incarcerated and representing himself, asked the court to request a volunteer lawyer for his case.
Cruzado’s claims concerned an alleged 2013 sexual assault by private parties. The court stated that, in a separate order, Cruzado had not pleaded facts establishing federal subject-matter jurisdiction, meaning the court’s authority to hear the case.
Judge Laura Taylor Swain denied Cruzado’s requests for counsel without prejudice to renewal later. The court also directed the Clerk to terminate Cruzado’s motions seeking case-status updates and denied him permission to appeal without paying fees because the appeal would not be taken in good faith.
The detailed version
- Cruzado v. Combs · No. 1:24-cv-08203
- Laura Swain
- Feb. 26, 2025
Background
Anthony Nelson Cruzado brought the action while incarcerated and representing himself. He filed two applications asking the court to request pro bono counsel, meaning a lawyer to represent him without charging him. His claims concerned an alleged sexual assault in 2013 by private parties.
Standard for counsel
The court explained that requests for counsel by an indigent litigant are evaluated using factors including the apparent merits of the case, the plaintiff’s efforts to find a lawyer, and the plaintiff’s ability to investigate facts and present the case without assistance. The court stated that the merits receive the most attention.
Ruling
The court stated that, in a separate order, Cruzado had not pleaded facts establishing subject-matter jurisdiction, which is the court’s legal authority to hear the action. Based on that issue, the court denied Cruzado’s requests for counsel without prejudice to renewal at a later date.
The Clerk of Court was directed to terminate Cruzado’s motions seeking updates about the status of the case. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees.
Disposition
The requests for pro bono counsel were denied without prejudice to renewal. This order addressed the request for counsel; the opinion refers to a separate order concerning federal jurisdiction.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.