McDay v. City of New York
- James Oetken
- 1:25-cv-02265
- U.S. District Court · Southern District of New York
- 2
In McDay v. City of New York, Judge Ricardo denied Keith McDay’s request for pro bono counsel without prejudice because the case was too early to assess its merits.
Keith McDay’s request for court-requested volunteer counsel was denied without prejudice; the court also provided information about a private legal clinic for self-represented civil litigants.
What happened
Keith McDay asked the court to request a volunteer lawyer for his case against the City of New York and other defendants. He filed that application on March 28, 2025.
The court said it considers the strength of the case, the person’s efforts to find a lawyer, and the person’s ability to investigate and present the case without a lawyer. The court gave the most weight to the case’s strength, but said it was too early to evaluate that factor.
Judge Ricardo denied McDay’s request without prejudice, meaning McDay may renew it later. The clerk was directed to mark the application as denied, and the court also informed McDay about a private legal clinic for people representing themselves.
The detailed version
- McDay v. City of New York · No. 1:25-cv-02265
- James Oetken
- Apr. 7, 2025
Background
On March 28, 2025, Keith McDay filed an application asking the court to request pro bono counsel, or a volunteer lawyer, for him. The application was docketed at ECF No. 10.
Court’s analysis
The court explained that, when deciding whether to request counsel for a person who cannot afford a lawyer, it considers the merits of the case, the person’s efforts to obtain a lawyer, and the person’s ability to gather facts and present the case without assistance. The court stated that the merits receive the most attention. It concluded that the case was at too early a stage for the court to assess its merits.
Ruling
The court denied McDay’s motion for counsel without prejudice to renewal at a later date. The Clerk of Court was directed to terminate the application at ECF No. 10 as denied without prejudice. The court also advised McDay about the Pro Se Law Clinic operated by the City Bar Justice Center, a private organization that is not part of or operated by the court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.