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S.D.N.Y.Procedural orderFiled Feb. 23, 2024

Louime v. Annucci

Judge
Cathy Seibel
Docket
7:23-cv-06898
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Louime v. Annucci, Judge Seibel denied without prejudice the plaintiffs’ requests for free legal counsel.

Who this affects

The plaintiffs in Louime v. Annucci and the six related cases were affected: their motions for pro bono counsel were denied without prejudice, with the possibility of renewal later.

What happened

In Louime v. Annucci and six related cases, the plaintiffs asked the court to appoint lawyers to represent them without charge.

The court said requests for appointed counsel depend mainly on the apparent strength of the case, along with efforts to find a lawyer and the ability to investigate and present the case without help. The court said it was too early to assess the merits of these cases.

Judge Seibel denied the motions without prejudice, allowing the plaintiffs to renew them later. The Clerk of Court was directed to terminate the pending motions and docket the order in each case.

The detailed version

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

Case
Louime v. Annucci · No. 7:23-cv-06898
Judge
Cathy Seibel
Date
Feb. 23, 2024

Background

This order concerns motions for pro bono counsel—requests for a lawyer to represent a party without charge—in seven related cases: Louime v. Annucci, No. 23-CV-6898; Campbell v. Annucci, No. 23-CV-6900; Brooks v. Annucci, No. 23-CV-6902; Roque v. Annucci, No. 23-CV-6906; Scott v. Annucci, No. 23-CV-6911; Reed v. Annucci, No. 23-CV-6918; and Haymon v. Annucci, No. 23-CV-6922. The opinion states that the plaintiffs in each case filed a motion requesting counsel.

Legal standard

The court explained that, when deciding whether to appoint counsel for an indigent litigant, it considers the apparent merits of the case, the litigant’s efforts to obtain a lawyer, and the litigant’s ability to gather facts and present the case without a lawyer. The court stated that the merits of the case receive the most attention among these factors.

Ruling

Because it was too early to assess the merits of all seven cases, the court denied the plaintiffs’ motions for counsel without prejudice to renewal at a later date. The Clerk of Court was directed to terminate the pending motions in each case and docket this order in each case. Judge Cathy Seibel signed the order.

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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