Singh v. Memorial Sloan Kettering Cancer Center

Background

Manisha Singh, proceeding without a lawyer, applied for appointed counsel to assist with pretrial and trial activities. She said the case was complex, that she had a health condition making self-representation difficult, and that the lengthy litigation had complicated her ability to prepare legal documents. Singh also stated that a self-representation clinic had helped her obtain limited-scope volunteer lawyers during mediation and discovery, and that a trial firm had agreed to represent her but later withdrew.

Legal standard

The court relied on 28 U.S.C. § 1915(e)(1), which allows a court to request an attorney to represent a person unable to afford counsel. Under the standard cited by the court, the first question is whether the person’s position appears likely to have substance. If that threshold is met, the court considers factors including the factual and legal complexity of the case, the person’s ability to handle the case without assistance, and whether appointing counsel would more likely produce a just resolution.

Court’s analysis

The court noted that Singh had successfully represented herself when she decided not to oppose the defendants’ meritorious motion for partial summary judgment, which was granted. The court found that Singh had not explained how the litigation had complicated her case, given details supporting her claimed inability to prepare legal documents without a lawyer, or identified why the trial firm withdrew.

Disposition

The court concluded that Singh had not shown that seeking additional volunteer counsel was warranted. Judge Kevin Nathaniel Fox denied Singh’s application, docket entry 71.