Herbert v. Korines

Background

Jeremiah Folsom Herbert, proceeding without a lawyer, submitted a letter requesting three forms of relief: remote depositions through a platform such as Google Teams or Microsoft Teams, permission to serve interrogatories, and appointment of pro bono counsel.

Discovery Requests

The court denied the requests concerning depositions and interrogatories as premature because motion practice was ongoing, including a pending motion to dismiss. The court stated that discovery might proceed after the motion to dismiss was resolved and that Herbert could renew those requests at that time.

Request for Counsel

The court also denied Herbert’s request for appointment of pro bono counsel without prejudice to renewal later in the proceedings. The court explained that, in a civil case, it cannot require attorneys to represent indigent people who are proceeding without lawyers. Under 28 U.S.C. § 1915(e)(1), however, the court may use its discretion to request an attorney through the court’s pro bono panel.

The court applied the standards requiring an initial assessment of whether the litigant’s position appears likely to have substance, followed by consideration of factors such as the person’s ability to obtain representation, the difficulty of the factual investigation and legal issues, and the need for specialized cross-examination. The court found that the proceedings were still in their early stages, discovery and summary-judgment motions had not occurred, and it could not conclude that Herbert was unable to handle the case without assistance. It also could not determine that his position showed a strong chance of success, and it found that the legal issues were not particularly complex.

Disposition

Judge Nelson S. Roman denied Herbert’s deposition and interrogatory requests as premature and denied his request for pro bono counsel without prejudice to renewal at a later stage. The Clerk of Court was directed to mail Herbert a copy of the order and record service on the docket.