Santos v. Cuomo

• Court: District Court, S.D. New York
• Decided: January 14, 2020
• Docket: 7:19-cv-05398
• Status: Unknown

Opinion

MEMORANDUM ENDORSEMENT 4 © SUES ce ee Santos v. Cuomo et al., | Se oe eee □ 19 CV 5398 (VB) \oaArh Fo PO \s \ 20 □ The Court has received from plaintiff, who is proceeding pro se and in forma pauperis, the attached motion, dated January 3, 2020, requesting appointment of pro bono counsel (Doc. #27). The is plaintiffs second request for appointment of pro bono counsel. (See Doc. #24). In the instant motion, plaintiff states: “Give me a lawyer Im not understanding none of this its my due process right by law.” (Doc. #27). On December 26, 2019, the Court denied without prejudice plaintiff's first motion for appointment of pro bono counsel. (Doc. #26). Having considered the type and complexity of this case, the merits of plaintiff's claims, and plaintiffs ability to present his case, the Court did not find any exceptional circumstances warranting appointment of counsel at that time. (Id.). Again, the Court has considered the type and complexity of this case, the merits of plaintiffs claims, and plaintiff's ability to present the case. At this time, and again, the Court does not find any exceptional circumstances in plaintiff's case that would warrant the appointment of counsel. See 28 U.S.C. § 1915(e)(1); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989), Plaintiffs instant motion gives no indication of any changes since December 26, 2019, which now warrant appointment of counsel. Indeed, plaintiff's recent submission (Doc. #28) opposing the pending motion to dismiss demonstrates plaintiff's ability to participate in and present his case. Moreover, as regards plaintiff's belief in a due process right to counsel, it is settled that party in a civil case has no constitutionally guaranteed right to the assistance of counsel,” Berrios v. N.Y. City Housing Auth., 564 F.3d 130, 134 (2d Cir. 2009) (emphasis added). Accordingly, plaintiff's instant request for appointment of pro bono counsel is DENIED WITHOUT PREJUDICE. The Clerk is directed to terminate plaintiff's motion. (Doc. #27). The Clerk is further directed to mail a copy of this Order to plaintiff at the address on the docket. Dated: January 14, 2020 White Plains, NY SO ORDERED:

Vincent L. Briccetti United States District Judge

Case 7:19-cv-05398-VB Document 27 Filed 01/08/20 Page }.of2 Crp [Dee □□□ ~ UNITED STATES DISTRICT COURT UAN 8

SOUTHERN DISTRICT OF NEW YORK PRO SE Beyan SANTOS E OFFiog Write the full name of each plaintiff or petitioner. Case No. 14 CV 7 53a CVLE) -against- Errlot Recs Cus MO NOTICE OF MOTION PIS CKY i Suey Write the full name of each defendant or respondent. Reds NSotV 70 Foyd 147TH C74 om. PLEASE TAKE NOTICE that BiYow SANTOS Srrtornd SAvtTos plaintiff or defendant name of party who Is making the motion requests that the Court:

Give me A Latest. tm Nor understand’ us Nowe oF THS trent fheleSS WSHT EY Briefly describe what you want the court to do, You should also include the Federal Rule(s) of Clvil Procedure or the statute under which you are making the motion, if you know, In support of this motion, I submit the following documents (check all that apply): memorandum of law my own declaration, affirmation, or affidavit © the following additional documents:

. D/ Ze Arter XA Dated Signature bf) WON Cantos Y VAIO Nam Prison Identification # (if Incarcerated) cectonal fu A ecrional Lacy V0. Address _/City State. ° Zip Code □ Telephone Number (/f available) E-mail Address (if available) □

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