Weise v. U.S. Department of State

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: monn nrc nanan KK DATE FILED:_ 2/14/2025 WOLFGANG WEISE : Plaintiff, : -v- : 24-cv-5760 (LJL) U.S. DEPARTMENT OF STATE, : MEMORANDUM AND : ORDER Defendant.

LEWIS J. LIMAN, United States District Judge: Plaintiff Wolfgang Weise applies for the Court to request pro bono counsel. Dkt. No. 23.

The Court has authority to request an attorney to represent a person who 1s unable to afford counsel. The relevant factors are set forth in Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986), cert. denied, 502 U.S. 986 (1991). The Court considers: (1) whether the plaintiffs position “seems likely to be of substance”; (2) whether the issues presented “might require substantial factual investigation” and “the indigent’s ability to investigate the crucial facts”; (3) “the plaintiffs apparent ability to present the case” and “whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder”; (4) whether the “case’s factual issues turn on credibility”; (5) whether the legal issues presented are complex; and (6) “any special reason... why appointment of counsel would be more likely to lead to a just determination.” Jd. at 60-62.

This case is at an early stage, and it is not yet known what issues are in dispute. The complaint’s merits have not yet been tested by a motion to dismiss. The Court is not able to make the Hodge’s finding in favor of Plaintiff at this ttme. Accordingly, the motion for appointment of counsel is DENIED without prejudice.

Plaintiff is advised that the Federal Pro Se Legal Assistance Project run by the City Bar Justice Center provides free, limited-scope legal services to self-represented litigants with civil cases in the United States District Court for the Southern District of New York. Information regarding the pro se clinic can be found at https://www.citybarjusticecenter.org/projects/federal- pro-se-legal-assistance-project/ or by calling (212) 626-7383.

The Clerk of Court is respectfully directed to mail a copy of this Order to the self- represented Plaintiff and to close the motion at Dkt. No. 23.

SO ORDERED. we MC Dated: February 14, 2025 New York, New York LEWIS J. LIMAN United States District Judge