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Clinton v. Jersey City Police Dept.

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


October 2, 2008

CLINTON PLAINTIFF,
v.
JERSEY CITY POLICE DEPT. ET AL., DEFENDANTS.

The opinion of the court was delivered by: Patty Shwartz, United States Magistrate Judge

ORDER ON INFORMAL APPLICATION

This matter having come before the Court by way of plaintiff's application, filed on September 25, 2008, for appointment of pro bono counsel*fn1;

and the Court having considered plaintiff's application;*fn2

and the Court noting that it has broad discretion under 28 U.S.C. § 1915 to appoint pro bono counsel to represent indigent litigants; see Parham v. Johnson, 126 F.3d 454, 456-57 (3d Cir. 1997);

and it appearing that a court may grant a properly filed application for appointment of pro bono counsel if the plaintiff's claims have some "merit in fact and law," Montgomery v. Pinchak, 294 F.3d 492, 499 (3d Cir. 2002);

and the Court further being required to consider the following non-exhaustive list of factors:

1. the plaintiff's ability to present his own case;

2. the difficulty of the particular legal issues;

3. the degree to which factual investigation will be necessary and the ability of the plaintiff to pursue investigation;

4. the plaintiff's capacity to retain counsel on his own behalf;

5. the extent to which a case is likely to turn on credibility determinations; and

6. whether the case will require testimony from expert witnesses.

Id.; Tabron v. Grace, 6 F.3d 147, 158 (3d Cir. 1993) (also known as the Tabron factors);

and the Court assuming for the purposes of this application that plaintiff's claims are meritorious;

and the plaintiff's application being insufficient to warrant the appointment of pro bono counsel under the Tabron factors;*fn3

IT IS ON THIS 2nd day of October, 2008

ORDERED that the plaintiff's application for appointment of pro bono counsel is denied without prejudice.


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