Samborsky v. Rothstein
- Gregory Woods
- 1:20-cv-00298
- U.S. District Court · Southern District of New York
- 1
In Samborsky v. Rothstein, Judge Woods denied Michael Samborsky’s request for pro bono counsel without prejudice and denied fee-free appeal status.
Michael Samborsky’s request for court-requested volunteer counsel was denied without prejudice, and his request to appeal without paying filing fees was denied.
What happened
In Samborsky v. Rothstein, Michael Samborsky asked the court to request a volunteer lawyer to represent him. The opinion does not describe the underlying claims.
The court said it lacked enough information to assess Samborsky’s claims, including whether they were likely to have substance. It denied the request for pro bono counsel without prejudice, meaning Samborsky may renew it later.
Judge Woods also ruled that any appeal would not be taken in good faith and denied fee-free status for an appeal. The clerk was directed to terminate the pending motion, and defense counsel was directed to serve Samborsky with the order and keep proof of service.
The detailed version
- Samborsky v. Rothstein · No. 1:20-cv-00298
- Gregory Woods
- Apr. 7, 2020
Background
Michael Samborsky applied for the court to request pro bono counsel, meaning a lawyer who would represent him without charging him. The opinion does not provide details about the claims underlying his application.
Reasoning
The court stated that there was insufficient information to assess Samborsky’s claims under the standards established by the Second Circuit in Hodge v. Police Officers. That assessment included whether the claim was “likely to be of substance.”
Rulings and Case Administration
The court denied Samborsky’s application for pro bono counsel without prejudice to renewal at a later date. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to terminate the motion at Docket Number 10. Defense counsel was directed to serve Samborsky with the order and retain proof of service.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.