Magistrate Judge Ellis

http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=115615

PRO SE plaintiff, a black, Christian woman is an asylee from Ethiopia. Her native language is Amharic, and she is not fluent in English. From January 2004 until discharge in May 2005, she worked for defendant convenience store and newsstand operator. In connection with her lawsuit alleging discrimination based on her color, religion, gender, and national origin plaintiff applied, on July 1, 2009, for appointment of counsel. On Aug. 3, 2009, she requested provision of an Amharic interpreter, who would “allow [her] to more effectively communicate and represent [herself] before” the court. The court denied both of plaintiff’s requests, without prejudice. In addition to noting that pro se civil litigants are not entitled to an interpreter or translator, the court determined that although plaintiff’s English proficiency was limited, her language difficulty did not prevent presentation and prosecution of her claims. Discussing the considerations of Hodge v. Police Officers, the court ruled that despite establishing inability to afford counsel, there was no reason to believe that appointment of counsel would be more likely to lead to a just determination of plaintiff’s claims. The fact that English was plaintiff’s second language had not demonstrably impaired her ability to pursue her lawsuit.