Bonneau v. LaManna

Background

Jude Bonneau submitted a May 13, 2020 letter asking the court to appoint counsel. He said that his legal assistant had died from COVID-19. The court had previously denied his oral request for counsel on August 6, 2019, based on his inability to satisfy the factors used to decide whether counsel should be appointed in a civil case.

Bonneau also submitted a February 4, 2020 letter that appeared to ask Magistrate Judge Lisa Margaret Smith to reconsider Judge Cathy Seibel’s October 1, 2019 order concerning the confidentiality of the presentence report under New York Criminal Procedure Law § 390.50.

Court’s analysis

Regarding counsel, the court said Bonneau’s new explanation did not address its earlier findings that he had not shown his claims were likely to succeed on the merits, that the court lacked information about his efforts to obtain counsel, and that he was capable of handling the case without assistance at that time.

Regarding reconsideration, the court stated that such requests must be made within 14 days under Local Rule 6.3 and that the deadline had passed by February 4, 2020. The court also referred to Judge Seibel’s statement that, if the presentence report proved material to a report and recommendation, the magistrate judge would either share the necessary information beforehand or use another method to ensure Bonneau had an opportunity to be heard.

Disposition

Judge Lisa Margaret Smith denied Bonneau’s request for appointed counsel without prejudice. The order also stated that, if the presentence report became necessary to prepare a report and recommendation on Bonneau’s claims, the court would convey the necessary information and allow him sufficient time to reply. The order was mailed to Bonneau, whom the opinion identifies as proceeding without a lawyer.