Opinion
18 Civ. 6202 (JGK)
10-02-2018
LORENZO RODRIGUEZ, Petitioner, v. CYRUS R. VANCE, JR., et al., Respondents.
MEMORANDUM OPINION AND ORDER JOHN G. KOELTL, District Judge :
The petitioner requests that the Court appoint counsel to represent him. (Dkt. No. 3.) Under 28 U.S.C. § 1915, the Court "may request an attorney to represent any person unable to afford counsel." 28 U.S.C. § 1915(e)(1). However, 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 See Hodge v. Police Officers, 802 F.2d 58, 60-61 (2d Cir. 1986). The Court cannot make such a determination until there is further briefing of the petition on the merits. Thus, the petitioner's application for the Court to appoint counsel is denied without prejudice. The Clerk of Court is directed to close Docket Number 3.
SO ORDERED.
Dated: New York, New York
October 2, 2018
/s/ _________
John G. Koeltl
United States District Judge