Kelly v. Tanvir Choudhri M.D.
- Andrew Carter
- 1:18-cv-12214
- U.S. District Court · Southern District of New York
- 2
Kelly v. Choudhri: Judge Wang denied pro bono counsel without prejudice and ordered a discovery status letter after the parties met and conferred.
Kieran Kelly, whose request for pro bono counsel was denied at that time and who was directed to take the specified discovery-related steps; the defendants were involved in the required meet-and-confer process.
What happened
Kieran Kelly v. Tanvir Choudhri M.D. involved Kelly’s requests for a discovery status conference and for a volunteer lawyer in the civil case.
The court directed Kelly to meet and confer with the defendants and file a letter identifying any remaining discovery disputes and suggesting dates for a conference. The court explained that civil litigants generally have no right to a court-appointed lawyer and that volunteer counsel is requested sparingly.
Judge Ona T. Wang denied Kelly’s request for pro bono counsel at that time, without prejudice to renewing it later, and found that counsel was not necessary at that stage. The clerk was also directed to close two docket entries and mail the order to Kelly.
The detailed version
- Kelly v. Tanvir Choudhri M.D. · No. 1:18-cv-12214
- Andrew Carter
- Nov. 19, 2019
Background
Kieran Kelly requested a status conference concerning discovery and separately requested pro bono counsel, meaning a volunteer lawyer provided without charge. The order identifies Kelly as proceeding without a lawyer. The court also referred to its prior direction that Kelly meet and confer with the defendants and submit a status letter about unresolved discovery issues.
Discovery Direction
The court directed Kelly to meet and confer with the defendants and file a status letter by December 6, 2019. The letter had to describe any outstanding discovery disputes and propose dates for the next status conference.
Counsel Request
The court explained that, unlike in criminal cases, courts generally are not required to provide lawyers to people who cannot afford them in civil cases. Instead, courts have broad discretion to seek volunteer representation and should do so sparingly, considering limited funds, limited volunteer attorneys, and public benefit. The court found that Kelly was able to work with the defendants in discovery and had not shown that a volunteer lawyer was necessary at that stage.
Disposition
Judge Ona T. Wang DENIED Kelly’s request for pro bono counsel at this time, without prejudice to renewing the request later. The clerk was directed to close ECF 41 and ECF 50 and was requested to mail a copy of the order to Kelly.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.