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Vivino v. Sussex County Correctional Officers

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


February 1, 2010

SABRINA VIVINO, PLAINTIFF,
v.
SUSSEX COUNTY CORRECTIONAL OFFICERS, 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 the plaintiff's application, filed on December 11, 2009 for appointment of pro bono counsel;

and the Court having considered the plaintiff's application;*fn1

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 plaintiff's ability to pursue the investigation;

4. the plaintiff's capacity to retain counsel on her 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. at 499; 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 the plaintiff's claims are meritorious;

and the plaintiff's application being insufficient to warrant the appointment of pro bono counsel under the Tabron factors;*fn2

IT IS ON THIS 1st day of February, 2010

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


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