Gaskins v. McIntyre

314 F. Supp. 3d 365
CourtCourt of Appeals for the D.C. Circuit
DecidedJuly 19, 2018
DocketCase No. 18-cv-00997 (APM)
StatusPublished

This text of 314 F. Supp. 3d 365 (Gaskins v. McIntyre) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gaskins v. McIntyre, 314 F. Supp. 3d 365 (D.C. Cir. 2018).

Opinion

Amit P. Mehta, United States District Judge

Plaintiff Marcus C. Gaskins has filed a motion for appointment of counsel. See Pl.'s Renewed Mot. for Ct.-Appointed Att'y, ECF No. 26 [hereinafter Pl.'s Mot.]. For the reasons explained below, Plaintiff's motion is denied without prejudice.

In determining whether to appoint counsel in a civil case, the court ordinarily would be guided by the factors set forth in Local Civil Rule 83.11(b)(3). But this case involves a claim of employment discrimination under Title VII, see Mem. to Parties, *366ECF No. 21, at 1-2 (Russell, J.) (construing Plaintiff's complaint to assert employment discrimination and retaliation claims under Title VII),1 and therefore involves a slightly different standard, Mokhtar v. Kerry , 285 F.Supp.3d 56, 57 (D.D.C. 2014) ; see Willis v. FBI , 274 F.3d 531, 532-33 (D.C. Cir. 2001). Title VII specifically provides that, "[u]pon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant." 42 U.S.C. § 2000e-5(f)(1). The D.C. Circuit has directed that a request for counsel under this provision requires trial courts to consider the following factors: "(1) the ability of the plaintiff to afford an attorney; (2) the merits of the plaintiff's case; (3) the efforts of the plaintiff to secure counsel; and (4) the capacity of the plaintiff to present the case adequately without aid of counsel." Poindexter v. FBI , 737 F.2d 1173, 1185 (D.C. Cir. 1984). Importantly, while the D.C. Circuit has recognized that Local Civil Rule 83.11"differs only slightly from the Poindexter factors," see Willis , 274 F.3d at 533, the Circuit acknowledged in Poindexter that the relevant appointment provision under Title VII is "generally viewed as imposing a lesser burden on plaintiffs seeking appointment of counsel, both because of the specificity of Congress' action ... and because this provision does not require that the plaintiff be a pauper," see id. (alteration in original) (quoting Poindexter , 737 F.2d at 1182 n.18 ).

The court begins with the first Poindexter factor-Plaintiff's ability to afford counsel. "In evaluating the plaintiff's ability to afford counsel, a court should not insist that a plaintiff be destitute, nor should it demand as substantial a showing as that required to proceed in forma pauperis." See Poindexter , 737 F.2d at 1186 (footnote omitted). Rather, as the Circuit explained in Poindexter : "Given Congress' concern about the financial burden resulting from attorneys' fees, appointment surely should not be refused because of a plaintiff's income or assets if payment of fees would jeopardize the plaintiff's ability to maintain the necessities of life." Id. Plaintiff's Renewed Motion provides little information about his present financial circumstances, except to say that he is "currently unemployed." Pl.'s Mot. at 1. Other docket entries, by contrast, suggest that Plaintiff may have some resources to secure counsel. In denying Plaintiff's motion for leave to proceed in forma pauperis, prior to his case's transfer, see supra note 1, Judge Russell held that, although Plaintiff indicated that he has substantial student loan debt and that his monthly income barely exceeds his monthly expenses, Plaintiff was not entitled to in forma pauperis status given his monthly income of approximately $4,000 and other assets totaling $8,000. See Order, ECF No. 3. Thus, Plaintiff's precise financial circumstances are unclear. Nevertheless, for present purposes, the court will assume that there is at least some financial need. Cf. Mokhtar , 285 F.Supp.3d at 58 (finding it unnecessary to evaluate the remaining Poindexter factors where the plaintiff's motion for appointment of counsel gave the court "no information from which to evaluate whether she [was] capable of affording counsel").

The remaining Poindexter factors, however, all weigh against the appointment of counsel at this early stage of the proceedings. First, as to the merits of Plaintiff's claims, his "chance of prevailing," see Poindexter , 737 F.2d at 1187, remains very much in doubt. Defendant has filed a Motion *367for Summary Judgment and, although Plaintiff has yet to file a response, Plaintiff would appear to face an uphill climb, at a minimum, in demonstrating that Defendant subjected him to an adverse action. See Def.'s Mot. for Summ. J., ECF No. 24, at 3-4. If Plaintiff survives summary judgment, the court might take a different view. Cf. Robinson-Reeder v. Am. Council on Educ. , 626 F.Supp.2d 11, 16 (D.D.C. 2009) (in denying appointment of counsel, noting among other factors that the plaintiff's "claim ha[d] not yet withstood a motion to dismiss on substantive grounds or a motion to dismiss for summary judgment").2

Next, Plaintiff "has made no showing whatsoever with respect to whether [he] has made 'a reasonably diligent effort under the circumstances to obtain counsel.' " Robinson-Reeder , 626 F.Supp.2d at 16 (quoting Poindexter , 737 F.2d at 1188 ); see Pl.'s Mot. at 1. Although a plaintiff need not "exhaust the legal directory before a court could appoint him an attorney," Poindexter , 737 F.2d at 1188 (internal quotation mark omitted), Plaintiff has not given any indication of any effort made towards securing counsel.

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Related

Willis v. Federal Bureau of Investigation
274 F.3d 531 (D.C. Circuit, 2001)
Aljoe Poindexter v. Federal Bureau of Investigation
737 F.2d 1173 (D.C. Circuit, 1984)
Robinson-Reeder v. American Council on Educ.
626 F. Supp. 2d 11 (District of Columbia, 2009)
Crowley v. Vilsack
236 F. Supp. 3d 326 (District of Columbia, 2017)
Mokhtar v. Kerry
285 F. Supp. 3d 56 (D.C. Circuit, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
314 F. Supp. 3d 365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaskins-v-mcintyre-cadc-2018.