Ortiz v. U.S Dept. of Homeland Security

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ae SOUTHERN DISTRICT OF NEW YORK eee ene DATE FILED: 5/2/2023 LUIS ORTIZ, Petitioner, -v.- 22 Civ. 10327 (JHR) U.S. DEPARTMENT OF HOMELAND ORDER SECURITY, Respondent.

JENNIFER H. REARDEN, District Judge: On April 18, 2023, Petitioner filed a letter requesting an extension of the deadline to respond to Respondent’s motion to dismiss the Petition and the appointment of counsel to assist him with preparing his response to that motion. See ECF No. 17. Insofar as Petitioner seeks to extend the deadline to respond to Respondent’s motion to dismiss and any accompanying papers filed in support thereof, Petitioner’s request is GRANTED. Petitioner shall respond by July 7, 2023. With respect to Petitioner’s request for appointment of counsel, the Court must consider “the merits of [the] plaintiffs case, the plaintiffs ability to pay for private counsel, his efforts to obtain a lawyer, the availability of counsel, and the plaintiffs ability to gather the facts and deal with the issues if unassisted by counsel.” Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989) (per curiam). The Court must be cognizant of the fact that volunteer attorney time is a precious commodity, and thus, should not grant a request for counsel indiscriminately. /d. In this case, a more fully developed record will be necessary before it can be determined whether Petitioner’s chances of success warrant his request for counsel and if he is able to gather facts and deal with the issues raised in Respondent’s motion unassisted by counsel. Accordingly, Petitioner’s request for the appointment of counsel is DENIED without prejudice to renewal at such time that the appropriate showing can be made. The Clerk of Court is directed to mail a copy of this Order to the Pro Se Petitioner.

SO ORDERED. Dated: May 2, 2023 New York, New York Yor Foarden JENNIFER H. REARDEN United States District Judge