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S.D.N.Y.Procedural orderFiled June 21, 2021

Herbert v. Ginty

Judge
Philip Halpern
Docket
7:20-cv-06348
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Herbert v. Ginty, Judge Halpern denied Jeremiah Herbert’s fourth request for appointed volunteer counsel, without prejudice.

Who this affects

Jeremiah F. Herbert, who sought appointed pro bono counsel, and the defendants, who opposed his request.

What happened

In Herbert v. Ginty, Jeremiah F. Herbert asked the court for a lawyer to represent him without charge. It was his fourth such request, and the defendants opposed it.

The court said the case’s procedural posture had not changed significantly since it denied his earlier requests. A motion to dismiss was still pending, and the court said it would address that motion later.

Judge Philip M. Halpern denied Herbert’s application for appointed volunteer counsel without prejudice, allowing him to renew the request at a later stage of the case.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Herbert v. Ginty · No. 7:20-cv-06348
Judge
Philip Halpern
Date
June 21, 2021

Background

Jeremiah F. Herbert filed his fourth application asking the court to appoint a pro bono lawyer—an attorney who represents a person without charging that person—for this case. The defendants opposed the application.

The court had denied Herbert’s earlier requests after considering the factors identified in Hodge v. Police Officers. The court had also previously stated that those denials were without prejudice to Herbert renewing his request at a later stage of the litigation.

Ruling

Judge Philip M. Halpern stated that the case’s procedural posture had not changed significantly since Herbert’s earlier applications were denied. A motion to dismiss remained pending, and the court said it would address that motion later. The court denied Herbert’s fourth application for pro bono counsel without prejudice to renewing it at a later stage. The Clerk was directed to mail Herbert a copy of the order and terminate the docket entry for the application.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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