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Herbert v. Smith

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 30, 2021
20-CV-6348 (PMH) (S.D.N.Y. Mar. 30, 2021)

Opinion

20-CV-6348 (PMH)

03-30-2021

JEREMIAH F. HERBERT, Plaintiff, v. WARDEN HAROLD L. SMITH, et al., Defendants.


ORDER :

On March 25, 2021, Plaintiff filed his third application requesting that the Court appoint pro bono counsel. (Doc. 68; see also Docs. 21, 39). On March 29, 2021, Defendants opposed the request. (Doc. 69). Plaintiff's prior requests were denied because the Court determined, after application of the factors set forth in Hodge v. Police Officers, 802 F.2d 58 (2d Cir. 1986), that Plaintiff had not made the requite showing to demonstrate that the appointment of pro bono counsel was appropriate and/or that Plaintiff's request was premature. (See Doc. 30 at 3-4; Doc. 46 at 1). The Court denied Plaintiff's request for the appointment of pro bono counsel "without prejudice to Plaintiff renewing the request at a later stage of the litigation." (Doc. 46 at 1).

The procedural posture of this case has not changed significantly since Plaintiff's prior requests were denied and Plaintiff's third application for pro bono is likewise denied without prejudice to renewing at a later stage of the litigation. There is currently a motion to dismiss pending in this action (Doc. 56), which the Court will address in due course.

CONCLUSION

Plaintiff's application for pro bono counsel is denied without prejudice. The Clerk is directed to mail a copy of this Order to Plaintiff at the address provided on the docket and to terminate ECF No. 68.

SO ORDERED. Dated: White Plains, NY

March 30, 2021

/s/_________

Philip M. Halpern

United States District Judge


Summaries of

Herbert v. Smith

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Mar 30, 2021
20-CV-6348 (PMH) (S.D.N.Y. Mar. 30, 2021)
Case details for

Herbert v. Smith

Case Details

Full title:JEREMIAH F. HERBERT, Plaintiff, v. WARDEN HAROLD L. SMITH, et al.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Mar 30, 2021

Citations

20-CV-6348 (PMH) (S.D.N.Y. Mar. 30, 2021)