Opinion
17-cr-402 (JGK)
10-05-2020
UNITED STATES OF AMERICA, v. LAQUAN WILLIAMS, Defendant.
ORDER JOHN G. KOELTL, District Judge :
The Court has received the attached letter from the defendant who seeks appointment of counsel in connection with his application for compassionate release, pursuant to 18 U.S.C. § 3582(c)(1)(A). The Court has already called for a response from the Government on the defendant's application by October 9, 2020.
The Court cannot determine, at this point, based upon the papers provided, whether the application has sufficient merit to warrant the appointment of counsel. The Court of Appeals for the Second Circuit has articulated factors that should guide the Court's discretion to appoint counsel to represent an indigent civil litigant. See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986); Jackson v. Moscicki, No. 99-cv-2427, 2000 WL 511642, at *4 (S.D.N.Y. Apr. 27, 2000). For the Court to order the appointment of counsel, the petitioner must, as a threshold matter, demonstrate that his claim has substance or a likelihood of success on the merits. See Hodge, 802 F.2d at 60-61. Only after this threshold showing has been met can the Court consider the other factors appropriate to determination of whether counsel should be appointed: "plaintiff's ability to obtain representation independently, and his ability to handle the case without assistance in the light of the required factual investigation, the complexity of the legal issues, and the need for expertly conducted cross-examination to test veracity." Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989).
The application is therefore denied without prejudice at this time. A copy of this Order will be mailed to the defendant.
SO ORDERED.
Dated: New York, New York
October 5, 2020
/s/ _________
John G. Koeltl
United States District Judge
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