Stoytchev v. City of Yonkers
- Andrew Krause
- 7:22-cv-08877
- U.S. District Court · Southern District of New York
- 4
In Stoytchev v. City of Yonkers, Judge Krause denied George Stoytchev’s request for free trial counsel without prejudice because he had not applied to proceed without filing fees.
George Stoytchev’s request for volunteer trial counsel was denied without prejudice. The order allows him to pursue an application to proceed without paying filing fees and potentially renew the counsel request.
What happened
In Stoytchev v. City of Yonkers, George Stoytchev, who was representing himself, asked the court to help him obtain a volunteer lawyer for trial after settlement efforts did not resolve the case.
The court said he first had to show that he could not afford a lawyer, such as by successfully applying to proceed without filing fees. Because he had not taken that step, the court denied his request for volunteer counsel without prejudice and set February 16, 2024, as the deadline for an application to proceed without filing fees.
Judge Krause stated that, if the application is approved, the court will consider the request for volunteer counsel without requiring him to file it again. The court would then examine factors including whether his claims appear substantial, his efforts to find a lawyer, and whether he can handle the case without one.
The detailed version
- Stoytchev v. City of Yonkers · No. 7:22-cv-08877
- Andrew Krause
- Feb. 5, 2024
Background
The court held a settlement conference on November 28, 2023. George Stoytchev appeared without a lawyer, and the conference did not produce a settlement. After defendants’ counsel reported that the case was ready for trial, the court asked Stoytchev to state whether he wanted the court to try to locate a volunteer lawyer for trial. Stoytchev then requested help obtaining volunteer counsel.
Reasoning
Under 28 U.S.C. § 1915(e)(1), a court may request that a lawyer volunteer to represent a person who cannot afford counsel. The court explained that a person seeking volunteer counsel must first demonstrate an inability to afford a lawyer, for example by successfully applying to proceed without paying court filing fees. Stoytchev had not submitted such an application in this case.
The court therefore did not reach the factors used to evaluate whether volunteer counsel would be appropriate. If Stoytchev’s application to proceed without paying filing fees is approved, the court said it will evaluate his counsel request under factors identified by the U.S. Court of Appeals for the Second Circuit, including whether his claim appears likely to have substance, his efforts to obtain a lawyer, and his ability to proceed without one.
Disposition
Judge Andrew E. Krause denied Stoytchev’s application for appointment of volunteer counsel without prejudice. The order permits him to renew the request under appropriate circumstances. The court stated that he could submit an application to proceed without paying filing fees by February 16, 2024, and that, if approved, the court would consider the counsel request without requiring him to file it again.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.