Escalera v. Samaritan Village Men's Shelter
- Colleen McMahon
- 1:17-cv-04691
- U.S. District Court · Southern District of New York
- 2
In Escalera v. Samaritan Village Men’s Shelter, Judge McMahon denied counsel without prejudice and gave Escalera 60 days to amend his complaint.
William Escalera, Jr., whose request for appointed pro bono counsel was denied without prejudice and who was given 60 days to file an amended complaint.
What happened
Escalera v. Samaritan Village Men’s Shelter concerns William Escalera, Jr.’s request for a lawyer in his case. He was representing himself and had been allowed to proceed without paying filing fees.
The court said it was too early to evaluate the case’s merits, which is the most important factor in deciding whether to appoint counsel. The opinion does not decide the underlying claims.
Judge Colleen McMahon denied Escalera’s request for pro bono counsel without prejudice, meaning he may renew it later. The court also gave him 60 days to file an amended complaint and stated that failure to do so could lead to dismissal for failure to state a claim.
The detailed version
- Escalera v. Samaritan Village Men's Shelter · No. 1:17-cv-04691
- Colleen McMahon
- Nov. 12, 2019
Background
William Escalera, Jr. was proceeding without a lawyer and without paying filing fees. On September 27, 2019, the court ordered him to file an amended complaint. On September 30, 2019, he asked the court to appoint pro bono counsel.
Request for Counsel
The court identified three factors relevant to an indigent litigant’s request for appointed counsel: the apparent merits of the case, the plaintiff’s efforts to find a lawyer, and the plaintiff’s ability to investigate and present the case without a lawyer. The court stated that the merits receive the most attention. Because the case was still too early for the court to assess its merits, it denied the request for counsel without prejudice. The order therefore did not bar Escalera from renewing the request later.
Amended Complaint and Other Directions
The court gave Escalera 60 days from the date of the order to submit an amended complaint to the court’s Pro Se Intake Unit. He was directed to label it “Amended Complaint” and include docket number 17-CV-4691 (CM). No summons would issue at that time. The court stated that if he failed to comply within the allowed period and could not show good cause for the failure, the complaint would be dismissed for failure to state a claim upon which relief could be granted.
Disposition
The court denied Escalera’s motion for pro bono counsel without prejudice. It also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for an appeal. The order was signed by Chief United States District Judge Colleen McMahon.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.