Holland v. Lions Gate Entertainment and Films

Opinion

ELECTRONIC ALLY FILED UNITED STATES DISTRICT COURT | DATE FILED: □□□□□□□□□ SOUTHERN DISTRICT OF NEW YORK GORY DARNELL HOLLAND. aka “KING”, : Plaintiff, ORDER -V- 21-CV-2944 (AT) (JLC) LIONS GATE ENTERTAINMENT AND FILMS, et al., : Defendants.

JAMES L. COTT, United States Magistrate Judge. Pro se Plaintiff Cory Darnell Holland, Sr. has moved for appointment of counsel by motion filed May 7, 2021 (Dkt. No. 9). The Court does not have a budget to pay appointed counsel in civil cases and has no power to enlist a lawyer to serve without pay. The Court must be mindful that volunteer attorney time is a precious commodity, and “courts should not grant such applications [for appointment of counsel] indiscriminately.” Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). For the Court to order the appointment of counsel, a petitioner must make “a threshold showing of some likelihood of merit.” Johnston v. Maha, 606 F.3d 39, 41 (2d Cir. 2010) (citing Cooper v. A. Sargenti Co., 877 F.2d 170, 174 (2d Cir. 1989)); Carmona v. U.S. Bureau of Prisons, 243 F.3d 629, 632 (2d Cir. 2001). Only then can the Court consider the other factors appropriate to the determination of whether counsel should be appointed: “the [petitioner’s] ability to investigate the crucial facts,..., the [petitioner’s] ability to present the case, the complexity of the legal ]

issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination.” Johnston, 606 F.3d at 42 (citing Hodge v. Police Officers, 802 F.2d 58, 60-61 (2d Cir. 1986)). At this point in the proceedings, the Court denies Holland’s application for appointment of counsel without prejudice to renewal because the Court cannot conclude based on the current record that his claims are substantial or that he is likely to succeed on the merits. Accordingly, Holland should work with the Pro Se Office of the Court for any additional help that he needs and should also continue to seek to obtain private counsel. The Pro Se Office may be contacted at: Pro Se Office, United States District Court, S.D.N.Y., 40 Foley Square, Room 105, New York, NY 10007, 212-805-0175. The Clerk is respectfully directed to close docket entry number 9 and mark it as denied without prejudice. SO ORDERED. Dated: May 11, 2021 / if New York, New York 4) □ (“4 L. COTT | States Magistrate Judge