Stancu v. New York City/Parks Dept.

Opinion

DOCUMENT ELECTRONICALLY FILED DOC#: 2B 10/21/21 UNITED STATES DISTRICT COURT DATE FILED; □□ □ __ SOUTHERN DISTRICT OF NEW YORK RYAN STANCU, Plaintiff, 20-CV-10371 (ALC) -against- ORDER NEW YORK CITY/PARKS DEPT., Defendant. ANDREW L. CARTER, JR., United States District Judge: Plaintiff requests the appointment of pro bono counsel. (ECF No. 27.) The factors to be considered in ruling on an indigent litigant’s request for pro bono counsel include the merits of the case, the litigant’s efforts to obtain a lawyer, and the litigant’s ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989); Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are “[t]he factor which command[s] the most attention.” Cooper, 877 F.2d at 172. It is too early in the proceedings for the Court to assess the merits of the action. The Court therefore DENIES Plaintiffs request for the appointment of pro bono counsel without prejudice to renewal, if appropriate, at a later date. Defendants are directed to serve a copy of this Order on Plaintiff and file proof of service no later than October 25, 2021. SO ORDERED. Dated: October 21, 2021 Fe hs New York, New York [Arde 7 d)—~ ANDREW L. CARTER, JR. United States District Judge