McClellon v. Webull Financial LLC

Background

Donte McClellon was proceeding without a lawyer and had permission to proceed without paying filing fees. He filed two motions seeking appointment of free legal counsel and one motion asking the court to order service of the summons. The case was against Webull Financial LLC.

Appointment of counsel

The court considered the factors governing requests for pro bono counsel, including the apparent merits of the case, McClellon’s efforts to obtain a lawyer, and his ability to investigate and present the case without assistance. The court stated that the merits factor receives the most attention, but found that the case was too early for it to assess the merits. It therefore denied the two motions for counsel without prejudice to renewal at a later date.

Service of the summons

McClellon also requested an order directing service. The court explained that cases filed without paying filing fees must first undergo screening under 28 U.S.C. § 1915(e)(2)(B). That screening determines whether the action is frivolous or malicious, fails to state a claim for relief, or seeks money from a defendant who is legally immune from that relief. Because the complaint had not yet been screened, the court denied the motion for service without prejudice as premature.

Disposition

The court denied the motions without prejudice and directed the Clerk of Court to terminate them. It also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith, and denied permission to proceed without paying filing fees for purposes of an appeal. Judge Laura Taylor Swain signed the order on May 30, 2025.