Oduka v. Davis

Background At an October 15, 2025 case-management conference, Mezie Oduka asked the court to seek volunteer counsel to help him navigate the case. The court stated that the request concerned representation during settlement negotiations and at the upcoming settlement conference. The opinion also noted that Oduka had filed a request to proceed without paying filing fees, which the court had granted.

Legal standard Under 28 U.S.C. § 1915(e)(1), a court may ask a lawyer to volunteer to represent a person who cannot afford counsel. In a civil case, the court is not required to provide a lawyer. Before making such a request, the court must be satisfied that the person is unable to afford counsel and that the claims appear substantial. If those requirements are met, the court considers factors such as the person’s ability to present the case, the complexity of the legal issues, and whether counsel would make a fair result more likely.

Court’s reasoning The court found that Oduka qualified as unable to afford counsel because his request to proceed without paying filing fees had been granted. It also found that his claims under the Fair Housing Act, the Americans with Disabilities Act, and the New York City Human Rights Law were substantial for purposes of seeking volunteer counsel. Based on its discussions with the parties, the court concluded that counsel would likely help Oduka understand his rights, value his claim, and communicate his factual and legal positions to the court and opposing counsel.

Ruling Judge Katharine H. Parker granted Oduka’s request for pro bono counsel to represent him during settlement negotiations and at the upcoming settlement conference. The clerk was directed to attempt to locate a volunteer lawyer. The order also directed that a copy be mailed to Oduka and asked opposing counsel to email him a copy. The opinion does not state that a lawyer had already agreed to represent him.