Kindell v. Capra
- Ronnie Abrams
- 1:20-cv-00304
- U.S. District Court · Southern District of New York
- 2
In Kindell v. Capra, Judge Abrams denied Kindell’s request for counsel without prejudice in his habeas case.
Eugene Kindell, an incarcerated petitioner representing himself, whose request for volunteer counsel was denied without prejudice and may be renewed with additional information.
What happened
Kindell v. Capra involved Eugene Kindell’s request for free volunteer legal counsel in his petition under 28 U.S.C. § 2254. Kindell was incarcerated and representing himself.
Kindell said he was not a lawyer and could not protect all his rights. The court explained that people in civil cases generally have no automatic right to a lawyer and that volunteer counsel is requested only in deserving cases. The court also noted that Kindell had not said he could not afford a lawyer and had paid the filing fee.
Judge Ronnie Abrams denied the request without prejudice because Kindell’s application did not provide enough detail. The court allowed him to renew the request later if he provides more information about the petition’s merits, his efforts to find a lawyer, his ability to pay, and how his circumstances affect his ability to represent himself.
The detailed version
- Kindell v. Capra · No. 1:20-cv-00304
- Ronnie Abrams
- Aug. 7, 2020
Background
Eugene Kindell, proceeding without a lawyer, brought a petition under 28 U.S.C. § 2254 and asked the court to request a volunteer lawyer for him. His request was made in a July 31, 2020 letter.
Legal standard
The court explained that, unlike in criminal cases, civil litigants do not generally have a right to appointed counsel. In a habeas proceeding, the court may request volunteer counsel when the interests of justice require it. In deciding whether to make that request, the court considers the apparent merits of the case, the petitioner’s efforts to obtain a lawyer, and the petitioner’s ability to collect facts and present the case without assistance. The court also explained that it cannot force a lawyer to take the case or pay the lawyer from public funds.
Application
Kindell stated that he was incarcerated, was not trained in law, and was unable to protect all of his rights. The court noted that he had not said he could not afford a lawyer and had paid the filing fee for the petition. The court found that his application did not provide enough detail to justify asking a lawyer to volunteer.
Ruling
Judge Ronnie Abrams denied Kindell’s request for the appointment of counsel without prejudice to renewal at a later date if he presents additional grounds. The court directed that, if Kindell renews the request, he provide details about the merits of his petition, his efforts to obtain a lawyer, whether he can afford one, and how his circumstances affect his ability to represent himself. The order addressed only the request for counsel.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.