Cannon v. New York City Police Department

Opinion

Bg ers UNITED STATES DISTRICT COURT SDN REE ¥ PRO SE OFFICE SOUT ___ DISTRICT OF NEW YORK □ - WWUDEC 29 AMI: 16 QOgee CANNON Petitioner, REQUEST FOR ASSIGNMENT OF COUNSEL PURSUANT TO -against- 28 U.S.C. § 1915(e)

PORT AVAL GE NY ANQNIGTAL , 1S -CV-USTABAJO Respondent.

Petitioner appearing pro se AOS A C CVC) , hereby makes request

under 28 U.S.C. § 1915(e) for assignment of counsel as the issues brought before this

Honorable Court in petitioner’s request for granting ofthe sehr ef ve queare €

AYA AS a CA OAWA ,

require taking of Interrogatories, making of motions and the inability of petitioner to

present the case and the compelling need for cross examination when the case is in

evidentiary stage, (See Hodge v. Police Officers, 802 F.2d 58). When a pro se litigant may have difficulty in developing the factual record, it would

be in the best interest of the court and opposing parties to have counsel appointed to the

pro se litigant such that he may pursue the case in an orderly fashion, (See Hendricks v.

Coughlin, 114 F.3d 390 (2"' Cir. 1997]). Further, the appoinment of counsel to a pro se

incarcerated litigant is appropriate where his ability to investigate claims and factual

disputes would be severely limited, (See, id. Shabazz v. Cuomo, No. 93-7692, 1996

WL614238, at *1 {S.D.N.Y. Oct. 23 1996]).

As petitioner is an inexperienced litigant who has limited access to information in preparing his case, the appoinment of counsel in this situation would lead to a “quicker and more just result by sharpening the issues and shaping examination.” (quoting Hodge, at 60). Moreover, this case involves factual disputes concerning petitioner’s conduct, which will consequently turn on conflicting evidence, and thus require cross examination _ testimony. Petitioner has already been granted in forma pauperis status, this Court should have no difficulty in determining the indigent nature of the petitioner. Petitioner has not made a previous application to this Court for assignment of counsel. Petitioner can not litigate the issues to the fullest extent of the Law as he has insufficient knowledge and resources.

_ Whereby, petitioner prays this Honorable Court grant this request for assignment of counsel and provide such counsel with copies of the record, so far as the record has been developed.

Dated: 2 \S*day of , 2029) Respectfully submitted, request for the appointment of pro bono counsel . The Pro Se office is respectfully directed to pro bono counsel for Plaintiff. Plaintiff is Petitioner Pro se that the Court does not have the power to DIN4 “(SZADLLS attorneys to represent pro se litigants in civil | Marcy Correctional Facility The Court relies on volunteer attorneys, and _ Box 3600 no guarantee that a volunteer will be available. If | Marcy, N.Y. 13403-3600 torney decides to take the case, the attorney will Plaintiff directly ‘atid notify the Court that they done so. currently scheduled for January 22, 2021 . sine die. The Clerk of Court is respectfully to mail a copy of this Order to Plaintiff. □ ‘SO ORDERED.