Triplett v. Reardon
- Laura Swain
- 1:20-cv-01064
- U.S. District Court · Southern District of New York
- 2
In Triplett v. Reardon, Judge Sarah L. Cave granted a reply extension but denied Omar Triplett’s request for pro bono counsel without prejudice.
Omar Triplett was granted additional time to file his reply, but his request for pro bono counsel was denied without prejudice. The order also set the reply deadline for the proceeding.
What happened
In Triplett v. Reardon, Omar Triplett asked for two more months to file a reply and asked the court to appoint a lawyer at no cost to him.
The court extended the deadline to May 28, 2021. It found that Triplett had not shown that his position was strong enough to justify appointing pro bono counsel, and noted that he was contacting lawyers himself.
Judge Sarah L. Cave denied the request for counsel without prejudice, meaning the request was not permanently barred. The court also directed the Clerk of Court to mail the order to Triplett.
The detailed version
- Triplett v. Reardon · No. 1:20-cv-01064
- Laura Swain
- Mar. 25, 2021
Background
Omar Triplett, the petitioner, submitted a letter dated February 28, 2021. He requested an extension of time until May 28, 2021, to file a reply, and he asked the court to assign pro bono counsel, meaning a lawyer without charge.
Court’s analysis
The court explained that it must read filings from people representing themselves generously. It also explained that, unlike in criminal cases, people in civil cases who cannot afford a lawyer generally do not have a constitutional right to appointed counsel. The court may provide pro bono counsel when the person’s position appears likely to have substance.
The court found that Triplett had not shown, at that time, that his position was one of substance warranting pro bono counsel. The court also noted that Triplett had said he was contacting several attorneys on his own to seek representation.
Ruling
Judge Sarah L. Cave granted Triplett’s request for an extension of time to file a reply until Friday, May 28, 2021. She denied the request for pro bono counsel without prejudice. The Clerk of Court was directed to mail a copy of the order to Triplett.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.