Rota v. CP Unlimited of New York State

Background

Joyce O. Rota, who is representing herself, requested the appointment of pro bono counsel—an attorney who volunteers to represent a party—under 28 U.S.C. § 1915(e)(1). The request was made before the defendant filed an answer. CP Unlimited of New York State had been served, appeared in the case, and obtained permission to file a motion to dismiss.

Court’s reasoning

The court explained that it cannot require an attorney to represent an indigent person in a civil case. It may, however, ask attorneys on the court’s volunteer panel to represent an eligible litigant. Under Second Circuit standards, the court first considers whether the person’s position appears likely to have substance, meaning some chance of success. If that threshold is met, the court may consider additional factors, including the person’s ability to obtain a lawyer independently, the complexity of the factual and legal issues, and whether the person can handle the case without assistance.

At this early stage, no papers had been submitted by the parties beyond the request concerning counsel and the defendant’s request to file a motion to dismiss. The court said it could not determine whether Rota’s position had a strong chance of success, whether the legal issues were especially complex, or whether she could not handle the case without assistance. The court noted that this assessment could change as the case progressed.

Ruling

Judge Nelson S. Roman denied Rota’s motion without prejudice, with leave to renew at a later stage of the proceedings. The clerk was directed to terminate the motion at ECF No. 21, mail Rota a copy of the order, and record service on the docket. The order addressed only the request for appointed counsel; it did not decide the underlying claims or the anticipated motion to dismiss.