Perez v. Evans
- Vernon Broderick
- 1:24-cv-00356
- U.S. District Court · Southern District of New York
- 2
In Perez v. Evans, Judge Broderick denied without prejudice requests for counsel and reassignment to a magistrate judge.
Eric Andrew Perez’s requests for appointed counsel and reassignment to a magistrate judge were denied without prejudice; the defendants’ required signatures had not been provided.
What happened
Eric Andrew Perez asked the court to appoint a pro bono lawyer and later asked to be assigned counsel. He also consented to having a magistrate judge handle the case.
The court denied without prejudice the request for counsel because the case was too early for the court to assess its merits. The court said Perez could renew the request if the case reached discovery.
Judge Vernon S. Broderick also denied without prejudice the request to reassign the case to a magistrate judge because the defendants had not signed the required consent form. Perez may renew that request after the defendants appear. The clerk was directed to terminate the motion at Document 5 and mail Perez a copy of the order.
The detailed version
- Perez v. Evans · No. 1:24-cv-00356
- Vernon Broderick
- Mar. 12, 2024
Requests for Counsel
Eric Andrew Perez submitted an application asking the court to request pro bono counsel and later sent a letter asking to be assigned counsel. The court explained that appointment of counsel depends on factors including the apparent merits of the case, the plaintiff’s ability to pay for a private lawyer, efforts to obtain a lawyer, the availability of counsel, and the plaintiff’s ability to handle the case without assistance.
The court did not express an opinion about the merits of Perez’s claim. It denied without prejudice his request for pro bono counsel because the case was at too early a stage for the court to evaluate the merits. Perez may renew the request if the case proceeds to discovery.
Request for a Magistrate Judge
Perez also completed Form AO 85, consenting to proceed before a magistrate judge. The court stated that all parties must sign and date that form before a magistrate judge can handle all proceedings, including a final order and trial. Because the defendants had not signed and dated the form, the court denied without prejudice Perez’s request to reassign the case to a magistrate judge. Perez may renew the request after the defendants appear.
Clerk’s Direction
The court directed the clerk to terminate the motion pending at Document 5 and mail Perez a copy of the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.