UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BEATRICE SHIRLEY WILLIAMS STEELE, Plaintiff, 23-cv-03745 (ALC) -against- ORDER

CAPITAL ONE BANK, Defendant.

ANDREW L. CARTER, JR., District Judge: The Court is in receipt of Plaintiff’s request for pro bono counsel. ECF No. 4. Unlike in criminal cases, in civil cases does not entitle litigants to counsel. Hodge v. Police Officers,

(2d Cir. 1986). Courts have “broad discretion” in deciding whether to grant a litigant’s request for pro bono representation.

Courts cannot “appoint” counsel and may only “request” that an attorney volunteer to represent a litigant. Mallard v. U.S. Dist. Court for the S. Dist. of Iowa,

, 301–310 (1989). Courts do not have funds to pay counsel in civil cases. The Second Circuit has articulated a legal framework for evaluating a litigant’s request for pro bono counsel. Hodge, 802 F.2d at 61–62. Plaintiff has demonstrated that she is indigent by successfully applying for leave to proceed in forma pauperis. The court must then “determine whether the indigent’s position seems likely to be of substance.” Id. at 61. Plaintiff has not met this burden. For this reason, Plaintiff’s Application for the Court to Request Counsel is DENIED. The Clerk of the Court is respectfully requested to close the motion at ECF No. 4. The Clerk of the Court is respectfully requested to mail a copy of this order to Plaintiff. SO ORDERED. [Arad (Cp Dated: August 24, 2023 New York, New York ANDREW L. CARTER, JR. United States District Judge