District Court, S.D. New York, 2025

Barry v. New York State Department of Correction and Community Supervision

Barry v. New York State Department of Correction and Community Supervision
District Court, S.D. New York · Decided April 22, 2025
Barry v. New York State Department of Correction and Community Supervision

Trial Court Opinion

IN THE UNETED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT SE OUMAR KOUME BARRY, Plaintiff, : APPLICATION FOR FHE. COURT 2 TO REQUEST COUNSEL v. : CIVIL ACTION No. 25-CV-0791 poccs ECT. Al, : Defendant : rr {a) Oumar Koumi Barry (b} I need an Attorney because I do not have permanent houseing due to my Substitute jail Order, so it is hard for me to receive mail & respond in a timely manner, sometimes my mail gets lost in transit or shows up extremely late. I am a Jaman to the law, I berely understand what to do or the rules & Regulations an how to do the things I am required, I am trying my best. I do not want to lose this case due to my ignorance to the law. (c) I have reached out to multiple lawyers through letters or having my friends call jawyers & None of the lawyers I have contacted have been able to assist me in this matter, The main answer I RECEIVED was they don not take prison cases.

I understan that if a lawyer volunteers to represent me & my lawyer learns that I can afford to pay for a lawyer the lawyer may pive this information to the Court. (e) I understand that if my answers on my application for the Court to request counsel are false my case may be dismissed. Le I declare under penalty of perjury that the foregoing it true ® correct.

| N [2 ¢ [2 [ VW Oumar Koumi Barry,DIN: 2510005 | hee ENT yi pu 1 2025 | le ccmetmneet naiad : : Sy eae = uy g PRO SE OFFICE | There are many more unrepresented litigants seeking counsel than there are volunteers, and even those willing to volunteer usually ar only when the case is much closer to trial. Under Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), in determining whether t I must first consider whether the claims are likely to be of substance. At this stage, it is really too early to tell. Even if they were. to consider "the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-eXal be the major proof presented to the fact finder, the indigent's ability coe ee : □□ the case, the complexity of the legal issues and any special be £ gh € = 5 □ in that case why appointment of counsel would be more likely ot : a cake aon Ey \ = cr z : to a just determination." Here Defendants have not even all 5 oe re a z S we do not know if a motion to dismiss will be made or 3 5 ok <i aor ~ and thus even if,we will get to discovery, let alone trial; oe <a\ © ai 2 so far Plaintiff, despite the limitations he has identified, is doing E ees _ = □□ dequate job protecting his rights. Accordingly, the application is □ 4 eS \ 9 9 ed without prejudice to renewal at a later stage of the case. The cn aan 5 A a ow : of Court shall terminate ECF'No. 13. i □ 9 ao Oo FS 2 ORDERED. 4 > □□ un g Pro □□ □□□ nm . oO oS □ i 4/22/25 rg o oO ort => Cc □ an BH 3 el: Zz 5 'SEIBEL,.U.S,D. £3 m5 a: < oy A ~ % wn re os me "AF woe S Wa 2 ee ta fale is MEGA eo a228 2B "S86 □□ . gt a a : Sas □□ = Tes □□ me Ne 2 : <= A es be = = iS □ = 5 2 Bp = j=! Ap 8 Weg = | O p= 2 » 2 j (nad zo = [ry] □□ {GPP ee = [2 S7Si ce WV = feta} = Y))))

Case-law data current through December 31, 2025. Source: CourtListener bulk data.