McTerrell v. Bellview Hospital, Corporation

Background

Plaintiff Sean McTerrell filed a letter motion seeking four forms of relief: appointment of pro bono counsel, partial payment or some form of relief from the filing fee, an extension of time to file an amended complaint if counsel was not appointed, and discovery from the defendants. He also sought additional information concerning the identities of individual defendants identified as “Doe” defendants.

Request for Counsel

The court explained that the federal statute governing people who cannot afford litigation costs allows a court to request, but not compel, an attorney to volunteer in a civil case. Applying the factors established by the Court of Appeals for the Second Circuit, the court considered whether McTerrell’s claims appeared likely to have substance and whether the case presented circumstances supporting volunteer representation.

The court concluded that the current record did not show that McTerrell’s claims were likely to have substance. It also stated that the claims might be time-barred and that McTerrell had not shown that he could not investigate or present the case himself, or that counsel would be more likely to produce a fair result. The motion for appointment of pro bono counsel was denied without prejudice.

Filing Fee

The court stated that a prisoner proceeding without paying the filing fee at the start of a civil case must still pay the full fee over time under the Prison Litigation Reform Act. That law requires an initial partial payment, when funds exist, and later monthly payments based on income credited to the prisoner’s account, subject to the statutory conditions. The court found no authority allowing it to waive those payments and denied McTerrell’s motion concerning the filing fee.

Extension of Time

Because of McTerrell’s status as a person without a lawyer and the public health crisis then in effect, the court granted his request for additional time. It ordered him to file an amended complaint no later than June 30, 2020.

Discovery and Unnamed Defendants

The court denied the discovery request as premature. It stated that McTerrell might be entitled to discovery at the proper stage under the Federal Rules of Civil Procedure.

Regarding the unnamed individual defendants, the court noted that it had previously ordered McTerrell to provide enough descriptive information for Defendant New York City Health and Hospitals Corporation to identify them. The court stated that he had not yet done so and required him to provide additional information. It warned that failure to do so would result in a renewed recommendation to the District Judge that the claims against the unnamed individuals be dismissed.

Disposition

The request for an extension of time to file an amended complaint was granted. The request for appointment of pro bono counsel was denied without prejudice, and the remaining motions were denied.