Brown v. Annucci

Background

Carl Brown, proceeding without a lawyer, sent letters asking for three things: a copy of his fourth amended complaint, more time to oppose the remaining defendants’ motion to dismiss, and appointment of free legal counsel. The defendants had been granted permission to file a motion to dismiss.

Appointment of Counsel

The court explained that it cannot require lawyers to represent people without resources in civil cases. Under 28 U.S.C. § 1915(e)(1), however, it may ask a lawyer from the court’s free-lawyer panel to represent such a litigant. The court first considers whether the claims appear likely to have substance and then considers factors such as the complexity of the issues and whether a lawyer is needed for cross-examination.

The court denied Brown’s request for counsel without prejudice, with leave to renew at a later stage. It reasoned that Brown’s fourth amended complaint had been organized with help from prior free legal counsel and included numerous exhibits. Because the case was at the motion-to-dismiss stage, the court said factual investigation and cross-examination were not needed. The court also noted that Brown had previously been able to work with counsel while detained and that his claims were the type that other self-represented plaintiffs regularly litigate in the district.

Other Requests and Deadlines

The court granted Brown’s request for more time to oppose the motion to dismiss. It directed Brown to serve his opposition by May 31, 2024. It directed the defendants to serve their reply and file all parties’ papers on the docket by June 17, 2024.

The court also granted Brown’s request for a copy of his fourth amended complaint. The Clerk of Court was directed to mail Brown a copy of that complaint and the order.

Disposition

Judge Nelson S. Roman stated that Brown’s requests were denied in part and granted in part: the request for counsel was denied without prejudice, while the requests for more time and for a copy of the complaint were granted.