Lamb v. United States Postal Service (OHCO)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : ADDYS LAMB, : : Plaintiff, : 24-CV-9441 (JMF) : -v- : ORDER : UNITED STATES POSTAL SERVICE, : : Defendant. : : ---------------------------------------------------------------------- X JESSE M. FURMAN, United States District Judge: On December 11, 2024, Plaintiff submitted an application for counsel. See Docket No. 4.

In determining whether to grant an application for counsel, the Court must consider “the merits of plaintiff’s case, the plaintiff’s ability to pay for private counsel, his efforts to obtain a lawyer, the availability of counsel, and the plaintiff’s ability to gather the facts and deal with the issues if unassisted by counsel.” Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989) (per curiam). As a threshold matter, in order to qualify for counsel Plaintiff must demonstrate that his claim has substance or a likelihood of success. See Hodge v. Police Officers, 802 F.2d 58, 60-61 (2d Cir. 1986). In reviewing a request for counsel, the Court must be cognizant of the fact that volunteer attorney time is a precious commodity and, thus, should not grant a request for counsel indiscriminately. Cooper, 877 F.2d at 172.

A more fully developed record will be necessary before it can be determined whether Plaintiff’s chances of success warrant his request for counsel. Accordingly, Plaintiff’s December 11, 2024 application for appointment of counsel is denied without prejudice to renewal at such time as the existence of a potentially meritorious claim may be demonstrated.

The Court notes that there is a Pro Se Law Clinic in this District to assist parties in civil cases who do not have lawyers. The Clinic may be able to provide Plaintiff with advice in connection with this case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center (“CBJC”); it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). To receive limited-scope assistance from the clinic, Plaintiff should make an appointment by completing the CBJC’s online intake form, located at https://www.citybarjusticecenter.org/projects/federal-pro-se-legal-assistance-project.

Plaintiff's application for appointment of counsel is hereby DENIED without prejudice.

The Clerk of the Court is directed to terminate Docket No. 4 and to mail a copy of this Order to the Plaintiff.

SO ORDERED.

Dated: December 16, 2024 New York, New York JESSE MSEURMAN Umited States District Judge