Purcell v. Johnston

S.D. New York

Purcell v. Johnston

307 F. Supp. 1360, 1970 U.S. Dist. LEXIS 13299

CourtDistrict Court, S.D. New York

DecidedJanuary 9, 1970

DocketNo. 69 Civ. 1195

StatusPublished

This text of 307 F. Supp. 1360 (Purcell v. Johnston) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Purcell v. Johnston, 307 F. Supp. 1360, 1970 U.S. Dist. LEXIS 13299 (S.D.N.Y. 1970).

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Opinion

OPINION

MacMAHON, District Judge.

Plaintiff, Henry Roy Purcell, Jr., applies under 28 U.S.C. § 1915(d) for assignment of counsel. Although plaintiff was previously granted the right to proceed in forma pauperis, it does not necessarily follow that the court is required to appoint counsel. Miller v. Pleasure, 296 F.2d 283, 284 (2d Cir. 1961), cert. denied, 370 U.S. 964, 82 S.Ct. 1592, 8 L. Ed.2d 830 (1962). The statute does not grant indigents the absolute right to counsel in civil eases; nor does it grant the court the power to compel counsel to accept the appointment. Wright v. Rhay, 310 F.2d 687 (9th Cir. 1962), cert. denied, 373 U.S. 918, 83 S.Ct. 1309, 10 L.Ed.2d 418 (1963). Rather, in a civil ease, the court, in its discretion, may only request counsel to represent an indigent, Rhodes v. Houston, 258 F.Supp. 546, 579 (D.C.Neb.1966), and then only if the likelihood of success is more than just doubtful. Miller v. Pleasure, supra; Miller v. Miller, 296 F.2d 283 (2d Cir. 1961), cert. denied, 370 U.S. 963, 82 S.Ct. 1591, 8 L.Ed.2d 830 (1962).

The allegations in plaintiff’s complaint are purely conelusory, totally unsupported by any statement of even the barest specific facts. The chances of success are so “highly dubious that a judge cannot properly ask a member of .the bar to assume this thankless burden.” Miller v. Pleasure, supra.

Accordingly, plaintiff’s application for the appointment of counsel is denied.

So ordered.

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OPINION

MacMAHON, District Judge.

Plaintiff, Henry Roy Purcell, Jr., applies under 28 U.S.C. § 1915(d) for assignment of counsel. Although plaintiff was previously granted the right to proceed in forma pauperis, it does not necessarily follow that the court is required to appoint counsel. Miller v. Pleasure, 296 F.2d 283, 284 (2d Cir. 1961), cert. denied, 370 U.S. 964, 82 S.Ct. 1592, 8 L. Ed.2d 830 (1962). The statute does not grant indigents the absolute right to counsel in civil eases; nor does it grant the court the power to compel counsel to accept the appointment. Wright v. Rhay, 310 F.2d 687 (9th Cir. 1962), cert. denied, 373 U.S. 918, 83 S.Ct. 1309, 10 L.Ed.2d 418 (1963). Rather, in a civil ease, the court, in its discretion, may only request counsel to represent an indigent, Rhodes v. Houston, 258 F.Supp. 546, 579 (D.C.Neb.1966), and then only if the likelihood of success is more than just doubtful. Miller v. Pleasure, supra; Miller v. Miller, 296 F.2d 283 (2d Cir. 1961), cert. denied, 370 U.S. 963, 82 S.Ct. 1591, 8 L.Ed.2d 830 (1962).

The allegations in plaintiff’s complaint are purely conelusory, totally unsupported by any statement of even the barest specific facts. The chances of success are so “highly dubious that a judge cannot properly ask a member of .the bar to assume this thankless burden.” Miller v. Pleasure, supra.

Accordingly, plaintiff’s application for the appointment of counsel is denied.

So ordered.

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Bluebook (online)

307 F. Supp. 1360, 1970 U.S. Dist. LEXIS 13299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/purcell-v-johnston-nysd-1970.

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