Robinson et al v. Department of Education
| Deverron Robinson and Gregory Isaac |
| Department of Education |
| 1:2020cv03388 |
| July 23, 2020 |
| US District Court for the Eastern District of New York |
| Roslynn R Mauskopf |
| James Orenstein |
| Other Statutory Actions |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
Docket Report
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ORDER denying #10 Motion to Appoint Counsel -- The motion to appoint counsel is denied. There is no right to counsel in a civil case. Leftridge v. Conn. State Trooper Officer #1283, 640 F.3d 62, 68-69 (2d Cir. 2011) (citations omitted); Martin-Trigona v. Lavien, 737 F.2d 1254, 1260 (2d Cir. 1984). The court cannot compel an attorney to take a civil case without a fee. Mallard v. United States District Court, 490 U.S. 296, 298 (1989). The court can do no more than exercise its discretion to "request an attorney to represent any person unable to afford counsel." 28 U.S.C. 1915(e)(1). In deciding whether to make such a request, the court "should first determine whether the indigent's position seems likely to be of substance" and, if so, "the court should then consider the indigent's ability to investigate the crucial facts, whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder, the indigent's ability to present the case, the complexity of the legal issues and any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986); see also Spencer v. Casavilla, 903 F.2d 171, 176 (2d Cir. 1990) (citing Hodge in considering need to appoint counsel for a civil defendant). Without offering any opinion as to whether the plaintiffs' position seems likely to be of substance, I conclude that the remaining factors do not warrant the court making a request for volunteer counsel on the plaintiffs' behalf. Ordered by Magistrate Judge James Orenstein on 9/15/2020. (Oliner, Daniel)
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Filing 10
MOTION to Appoint Counsel by Gregory Isaac, Deverron Robinson. (Almonte, Giselle)
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Filing 9
Corrected Amended Summons Issued as to Department of Education. (Almonte, Giselle)
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Filing 8
ORDER -- This case has been assigned to me for all pretrial purposes. I respectfully direct each party to comply with my individual practice requirements, as well as those of the presiding judge, the Honorable Roslynn R. Mauskopf, Chief United States District Judge. The plaintiffs have until October 21, 2020, to complete service on each defendant and file proof of service in court. If that doesn't happen, and if the plaintiffs do not provide a good reason for the failure, I will recommend that the court dismiss this case without prejudice. You must promptly report any change of your address to the Clerk of Court. If you do not keep the court informed of your current address, we will not know where to contact you, and that may cause you to lose the case. For information about court procedures, a party who is not represented by a lawyer may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665 or by visiting the court's website at www.nyed.uscourts.gov/self-representation. Ordered by Magistrate Judge James Orenstein on 8/21/2020. (Almonte, Kelly)
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Filing 7
Amended Summons Issued as to Department of Education. (Almonte, Giselle)
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Filing 6
AMENDED COMPLAINT against Department of Education, filed by Deverron Robinson, Gregory Isaac. (Almonte, Giselle)
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Filing 5
FILING FEE: $ 400, receipt number 4653151243 as to Deverron Robinson. (Almonte, Giselle)
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Filing 4
Summons Issued as to Department of Education. (Almonte, Giselle)
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Filing 3
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly)
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Filing 1
COMPLAINT against Department of Education, filed by Deverron Robinson, (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly) .
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