Hunter v. United States

Background

Pro se plaintiff Tyrone Hunter sent the court a letter asking about the process for requesting pro bono counsel, meaning a lawyer who volunteers to represent a person without charging that person. The court construed the letter as a motion seeking appointment of counsel under 28 U.S.C. § 1915(e)(1).

Legal standard

The court explained that, unlike in criminal cases, it cannot require an attorney to represent an indigent person in a civil case. It may, however, ask its Pro Se Office to seek a volunteer lawyer from the court’s pro bono panel. Under Second Circuit precedent, the court first considers whether the person’s position appears likely to have substance or some chance of success. If that threshold is met, the court considers additional factors, including whether the person can obtain a lawyer independently, whether the person can manage the case without help, the amount of factual investigation required, the complexity of the legal issues, and whether expert cross-examination may be needed.

Court’s reasoning

The court determined that the request could not be granted at that stage of the case. The docket showed that the case had been filed less than one year earlier, the parties had not completed motion practice, and the deadline for completing motion practice was July 1, 2025. Because the case was still in its early stages, the court could not determine whether Hunter’s position showed a strong chance of success or whether the legal issues were particularly complex. The court also could not yet conclude that Hunter was unable to handle the case without assistance, although that assessment could change as the case progressed.

Ruling

Judge Nelson S. Roman denied Hunter’s motion without prejudice, with leave to renew at a later stage of the proceedings. The Clerk of Court was directed to mail Hunter a copy of the order and show proof of service.