Brown v. Annucci
7:19-cv-02296
S.D.N.Y.May 9, 2024Background
- Plaintiff Carl Brown, an incarcerated pro se litigant, requested a copy of his Fourth Amended Complaint, an extension to oppose a pending Motion to Dismiss, and appointment of pro bono counsel.
- Brown's prior pro bono counsel drafted a comprehensive Fourth Amended Complaint with attached exhibits.
- Defendants have been granted leave to file a Motion to Dismiss; the opposition and reply deadlines are being set by this order.
- Brown argues his incarceration limits his ability to represent himself and obtain counsel.
- The Court reviewed Brown’s requests under the standards for appointing counsel to pro se litigants in civil cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appointment of pro bono counsel | Brown needs counsel due to incarceration and case complexity | Brown has already received substantial assistance in drafting his complaint | Denied without prejudice; Brown may renew later |
| Extension to oppose motion to dismiss | Additional time is needed to prepare opposition | — | Granted; new deadlines set |
| Mailing of Fourth Amended Complaint | Requests a copy to prepare his opposition | — | Granted; Clerk directed to mail copy |
Key Cases Cited
- Mallard v. U.S. Dist. Court for the S. Dist. of Iowa, 490 U.S. 296 (limits on court's authority to compel attorneys to represent indigent civil litigants)
- Hendricks v. Coughlin, 114 F.3d 390 (standards for appointing pro bono counsel)
- Cooper v. A. Sargenti Co., 877 F.2d 170 (secondary criteria for appointment of counsel)
- Hodge v. Police Officers, 802 F.2d 58 (threshold and further criteria for appointing counsel to indigents)