McClellon v. Lemonade Insurance Company
- Laura Swain
- 1:24-cv-08617
- U.S. District Court · Southern District of New York
- 3
In Donte McClellon v. Lemonade Insurance Company, Judge Swain denied service and counsel requests while required screening remained pending.
Donte McClellon’s requests for service and free legal representation were denied. The requests for counsel were denied without prejudice, while the request for service was denied without that qualification.
What happened
In Donte McClellon v. Lemonade Insurance Company, Donte McClellon, who is representing himself and was incarcerated, asked the court to order service on the defendants and to help him obtain a free lawyer. The court had not yet completed its required review of his case under the statute governing lawsuits filed without paying court fees.
The court denied the request to order service because issuing summonses would be premature before that review. It also denied the request to appoint counsel and the application asking the court to seek a volunteer lawyer, but those two denials were without prejudice, allowing McClellon to apply again if the case proceeds after screening.
Judge Laura Taylor Swain directed the clerk to terminate the three requests and denied fee-free status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- McClellon v. Lemonade Insurance Company · No. 1:24-cv-08617
- Laura Swain
- Sept. 11, 2025
Background
Donte McClellon, proceeding without a lawyer and without paying filing fees, brought this action against Lemonade Insurance Company and Lemonade Insurance Agency LLC while incarcerated. He filed a motion for service, a motion to appoint counsel, and an application asking the court to request a volunteer lawyer to represent him.
Motion for Service
The court denied the motion for service. Because McClellon was proceeding without paying filing fees, the court must first review the action under 28 U.S.C. § 1915. That review must determine whether the action is frivolous or malicious, fails to state a claim, or seeks money from a defendant protected from that type of relief. The court concluded that ordering service before completing this statutory review would be premature.
Requests for Counsel
The court treated the motion to appoint counsel and the application to request pro bono counsel as requests for free legal representation. It considered the factors courts use for such requests, including the apparent merits of the claims, efforts to find a lawyer, and the litigant’s ability to investigate and present the case without a lawyer. The court stated that it was too early to determine whether requesting a volunteer lawyer was appropriate because the statutory review had not yet been completed.
The court denied both requests for counsel without prejudice to McClellon filing another application if the action proceeds after the statutory review. The court also explained that, under the governing law, it cannot itself appoint a lawyer under these circumstances; it may only ask an attorney to volunteer.
Disposition
The court denied the motion for service, denied the motion to appoint counsel, and denied the application to request pro bono counsel. It directed the clerk to terminate ECF 4, ECF 5, and ECF 10. The court denied fee-free status for an appeal after certifying that any appeal from the order would not be taken in good faith.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.