Keesh v. Quick

Background

Tyheem Y. Keesh, proceeding pro se, asked the court to request pro bono counsel under 28 U.S.C. § 1915(e)(1). The court explained that, in a civil case, it cannot force an attorney to represent an indigent person, but it may ask attorneys on the court’s volunteer panel to take the case.

Keesh stated that he lacked legal knowledge, that the action was complicated, and that he sought discovery from the defendants. The defendants had indicated that they intended to file a motion to dismiss, but they had not filed one and had not answered the complaint.

Standard Applied

The court applied the Second Circuit’s standard for appointing counsel to a person proceeding without a lawyer. The court first considers whether the person’s position appears likely to have substance or some chance of success. If that threshold is met, the court considers factors such as the complexity of the legal issues and whether skilled questioning of witnesses will be needed.

Ruling

Judge Philip M. Halpern found no indication at that early stage that Keesh’s position was likely to have substance or that the case presented unusually complex issues requiring appointed counsel. The court also could not determine that Keesh was unable to handle the case without assistance, while recognizing that circumstances might change as the action continued.

The court denied Keesh’s application for the court to request pro bono counsel without prejudice to a renewed application later in the case. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The clerk was instructed to terminate the application, and defense counsel was instructed to provide Keesh with a copy of the order.