Free Order on Motion to Appoint Counsel - District Court of Connecticut - Connecticut


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Date: November 5, 2003
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State: Connecticut
Category: District Court of Connecticut
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Case 3:03-cv-01018-AWT Document 11 Filed 10/29/2003 Page 1 of 2
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UNITED STATES DISTRICT COURT E?§§ E?$w 1
DISTRICT OF CONNECTICUT L 1|5mh=~J ·I.` IIIIZ 1
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ROBERT H. MARCH ·V_wLQT»mTT{vm!Q?
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CASE NO. 3:03CV1018 (AWT) (DFM) ;
V.
ERNESTO VELASQUEZ, ET AL. I
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RULING ON MOTION FOR APPOINTM NT OF COUNSEL 1
The plaintiff is seeking an appointment of pro bong counsel 1
pursuant to 28 U.S.C. § 1915. For the reasons set forth below,
plaintiff’s motion is denied.
The Second Circuit has made clear that before an appointment 1
is even considered, the indigent person must demonstrate that he is l
unable to obtain counsel. See Hodge v. Police Officers, 802 F.2d
58, 61 (2d Cir. 1986), cert; denied, 502 U.S. 996 (1991). In this
instance, the plaintiff fails to demonstrate that he is unable to 1
secure counsel on his own. The plaintiff states that he has tried 1
to obtain an attorney. However, he does not give the court the
names of the attorneys he contacted, when he contacted the 1
attorneys or why the attorneys declined representation. The 1
plaintiff's undocumented attempts to secure legal assistance in `
this matter are insufficient to demonstrate that the plaintiff is 1
unable to find counsel on his own.
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Case 3:03-cv-01018-AWT Document 11 Filed 10/29/2003 Page 2 of 2 i
The possibility that the plaintiff may be able to secure
counsel or legal assistance independently precludes appointment of é
counsel by the court at this time. Accordingly, the plaintiff's
Motion for Appointment of Counsel [doc. #8] is DENIED without
prejudice. Any renewal of this motion shall include the name and i
address of each attorney or legal organization contacted, the date I
on which counsel was contacted and the reasons that representation
was declined. é
SO ORDERED this 29* day of Oci ber, 2003 at Hartford, !
Connecticut. /
A
United States Magistrate Judge x
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