Oles v. Sauer
- Nelson Roman
- 7:19-cv-08865
- U.S. District Court · Southern District of New York
- 6
In Oles v. Sauer, Judge Roman ordered service through the Marshals and denied Oles’s counsel request without prejudice.
Jonathon A. Oles, the 12 named defendants, the Clerk of Court, and the U.S. Marshals Service. The order allowed service to proceed but denied Oles’s request for volunteer counsel without prejudice.
What happened
In Oles v. Sauer, Jonathon A. Oles, who was incarcerated, brought a civil-rights lawsuit claiming that the defendants denied him necessary medical attention. He was representing himself and had permission to proceed without paying the filing fee at the start of the case.
The court ordered the Clerk to prepare the paperwork and directed the U.S. Marshals Service to serve the 12 named defendants. It also extended the service deadline until 90 days after the summonses are issued.
Judge Nelson S. Roman denied Oles’s request for appointed volunteer counsel without prejudice, meaning he may renew it later. The court said the case was at an early stage, the defendants had not yet been served, and the record did not yet show a strong chance of success or unusually complex legal issues.
The detailed version
- Oles v. Sauer · No. 7:19-cv-08865
- Nelson Roman
- Nov. 14, 2019
Background
Jonathon A. Oles, who was incarcerated at Sullivan County Jail, filed this action under 42 U.S.C. § 1983, a federal civil-rights law. He alleged that the defendants denied him necessary medical attention. Oles was representing himself. The court had previously granted his request to proceed without prepaying the filing fee.
Service of the Lawsuit
Because Oles was allowed to proceed without prepaying the filing fee, the court said he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the time for service until 90 days after the summons is issued. It explained that if service is not completed within that period, Oles should request an extension.
The court directed the Clerk of Court to prepare a separate U.S. Marshals Service process form for each of these defendants: Lisa Sauer, Wayne Altman, Wendy Moore, John Linen, Martin Davis, Maureen Johnson, Christopher Bini, Dale Frasier, Oscar Rodriguez, Richard Burke, Saul Carranza, and Louis Torres. The Clerk was also directed to issue the summonses and provide the Marshals Service with the necessary paperwork.
Request for Volunteer Counsel
Oles asked the court to appoint volunteer counsel. The court explained that, in a civil case, it may ask an attorney from its volunteer panel to represent an eligible person, but it cannot require an attorney to do so. Courts first consider whether the person's position appears likely to have substance and then consider factors such as the person's ability to obtain counsel, the complexity of the legal issues, the need for factual investigation, and the need for skilled cross-examination.
The court denied Oles's request without prejudice. It found that the case was still at an early stage, the defendants had not been served or responded, and no party had appeared. The court also found no indication at that time of a strong chance of success or unusually complex legal issues, and it could not conclude that Oles was unable to handle the case without assistance. The court noted that these circumstances could change as the case progressed.
Disposition
The court ordered the Clerk to mail Oles a copy of the order and an information package, complete the service forms, and deliver the necessary documents to the Marshals Service. It directed that the counsel motion at ECF No. 3 be terminated. The court did not decide whether Oles's underlying medical-attention claim was valid.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.