Gress v. DeJoy
| Edmund Arthur Gress |
| Louis DeJoy |
| 3:2021cv01066 |
| August 4, 2021 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e |
| Plaintiff |
Docket Report
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Filing 10
ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Louis DeJoy* with answer to complaint due within *60* days. Attorney *Edmund Arthur Gress* *6C Cohasset Lane* *Madison, CT 06443*. (Freberg, B)
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Filing 9
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Louis DeJoy* with answer to complaint due within *21* days. Attorney *Edmund Arthur Gress* *6C Cohasset Lane* *Madison, CT 06443*. (Freberg, B)
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Request for Clerk to issue summons as to Louis DeJoy. (Freberg, B)
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Filing 8
ORDER denying without prejudice #2 Motion to Appoint Counsel. A plaintiff in a civil case is not entitled to appointment of counsel on request and the Second Circuit repeatedly cautions against the routine appointment of counsel. See, e.g., Hendricks v. Coughlin, 114 F.3d 390, 393 (2d Cir. 1997); Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989). Insofar as volunteer lawyer time is not always readily available, a plaintiff seeking appointment of counsel must show first that he "sought counsel and has been unable to obtain it." McDonald v. Head Criminal Court Supervisor Officer, 850 F.2d 121, 123 (2d Cir. 1988). Once a plaintiff has made this showing, he must then demonstrate that his complaint passes the test of "likely merit." Cooper, 877 F.2d at 173. He must demonstrate that the claims in the complaint have a sufficient basis to justify appointing a volunteer lawyer to pursue them. Notably, "[e]ven where the claim is not frivolous, counsel is often unwarranted where the [plaintiff's] chances of success are extremely slim." Id. at 171 (quotation marks and citation omitted). Here, even accepting the Plaintiff's representations that he has sought and been unable to obtain counsel, the Court cannot ascertain from the complaint alone whether the Plaintiff's claims have likely merit. The motion is therefore denied without prejudice to renewal at a subsequent stage of the litigation. See, e.g., Gray v. Licon-Vitale, No. 3:19-CV-1291 (MPS), 2019 WL 5901546, at *4 (D. Conn. Nov. 12, 2019) (denying motion for appointment of counsel where "[t]he current record, consisting only of the complaint which will likely be amended soon, is insufficient to determine whether the plaintiff's claims possess likely merit" and concluding in these circumstances that "appointment of counsel is premature."). Signed by Judge Kari A. Dooley on 9/3/2021. (Cahill, Leslie)
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Filing 7
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Protective Order, #1 Complaint filed by Edmund Arthur Gress, #4 Electronic Filing Order, #6 Notice, #3 Order on Pretrial Deadlines, #2 MOTION to Appoint Counsel filed by Edmund Arthur Gress Signed by Clerk on 8/9/2021.(Freberg, B)
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Filing 6
NOTICE re Initial Discovery Protocols. Signed by Clerk on 8/4/2021. (Attachments: #1 Discovery Attachment)(Freberg, B)
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Filing 5
STANDING PROTECTIVE ORDER. Signed by Judge Kari A. Dooley on 8/4/2021.(Freberg, B)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Kari A. Dooley on 8/4/2021.(Freberg, B)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 10/3/2021; Discovery due by 2/3/2022; Dispositive Motions due by 3/10/2022. Signed by Clerk on 8/4/2021.(Freberg, B)
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Filing 2
MOTION to Appoint Counsel by Edmund Arthur Gress. (Freberg, B)
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Filing 1
COMPLAINT against Louis DeJoy, filed by Edmund Arthur Gress. (Attachments: #1 Exhibits part 1, #2 Exhibits part 2, #3 Exhibits part 3, #4 Exhibits part 4)(Freberg, B)
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Filing fee received from Edmund Gress: $ 402, manual receipt number 783533. (Freberg, B) Modified on 8/9/2021 to add receipt number (Freberg, B).
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