Risi v. The City of New York Department of Correction et al, No. 1:2010cv05836 - Document 5 (S.D.N.Y. 2010)

Court Description: MEMORANDUM OPINION AND ORDER: The Court has received the attached application for the appointment of counsel. The petitioner has failed to show that his claims are likely to have merit, and the application for the appointment of counsel is therefore denied without prejudice. (Signed by Judge John G. Koeltl on 10/1/2010) (jfe)
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Risi v. The City of New York Department of Correction et al Doc. 5 IUSDS SDNY IDn;:r 1 "'NT ( I FILED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 1O-4-ID STEPHEN RISI, 10 Civ. 5836 (JGK) Petitioner, MEMORANDUM OPINION AND ORDER ­ against ­ CITY OF NEW YORK DEPARTMENT OF CORRECTIONS, ET AL., Respondent. JOHN G. KOELTL, District Judge: The Court has received the attached application for the appointment of counsel. The Court of Appeals for the Second Circuit has articulated factors that should guide the Court's discretion to appoint counsel to represent an indigent litigant under 28 U.S.C. § 1915. See Hodge v. Police Officers, 802 F.2d 58, 61­62 (2d Cir. 1986) i Jackson v. Moscicki, No. 99 Civ. 2427 (JGK) , 2000 WL 511642, at *4 (S.D.N.Y. Apr. 27, 2000). For the Court to order the appointment of counsel, the petitioner must, as a threshold matter, demonstrate that his claim has substance or a likelihood of success on the merits. at 61­62. See Hodge, 802 F.2d Only then can the Court consider the other factors appropriate to determination of whether counsel should be appointed: "[petitioner's] ability to obtain representation independently, and his ability to handle the case without ­ 1 Dockets.Justia.com assistance in the light of the required factual investigation, the complexity of the legal issues, and the need for expertly conducted cross­examination to test veracity.a Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). The petitioner has failed to show that his claims are likely to have merit, and the application for the appointment of counsel is therefore denied without prejudice. SO ORDERED. Dated: New York, New York October 1, 2010 Judge ­ 2 UNITED STATES DISTRICT COURT SOUTHERl­J DISTRICT OF NEW YORK (In ihe soace ­agaiilst­ r ne 0'7 He}.. ! 1f'TON TL::;-]H; 1'0 REQlIJES1' C01lThISlEJL (II! the space above enter the full name(s) afthe dejendant(s)lrespandent(s).) Name 2. applicant. _"""-"-=:..f""-!LlI!""""'-"___...;...... __•___________ __ ___ ___ __ Explain why you feel you need a lawyer in this case. (Use additional paper if necessary) n 3. Explain what steps you have taken to find an attorney and with what results. (Use additional paper if necessary) 4. If you need a lawyer who speaks in a language other than English, state what language you speak: 5. I understand that if a lawyer volunteers to represent me and my lawyer learns that I can afford to pay for a lawyer, the lawyer may give this information to the CourL 6. I understand that jf my answers on my Request to Proceed In Fonna Pauperis are false, my case may be dismissed. 7. I dlec12ure under penality of peJrjullry that the foregoing is tJme and coned. Dated: '""""­"""'­­''­­_'''­­­'­_­­­'',­_ Rev. 0512010 nIE "' CHAMBERS OF JOHN G. KOELTL ..D.J. IE fi IE_ TI SEP 2BZ010 lU _----=lL:PRO SE OFFICE (In the space above eme/; the juii name(s) of rheplaintii(s}lpetiiioner(s).) ( ) "-' ­against- .!REQ1IJJEST ']f0 lP'ROCEED IN FORMA PAUPERIS i;.JP'P'LICATIlGN FOR TJO":"E COllJRTTO REQUEST COUNSEL (In the space above enter the jullTUlme(s) ofthe defendant(s)lrespondent(s).) :4, t, l> ;!" \.\ . • S , (prim or type your name) am the plaintiff/petitioner the I, above entitie case and J hereby request to proceed inJonna pauperis and without being required to prepay fees or costs or give security. I state that because of my poverty I am unable to pay the costs of said proceeding or to give security therefor, and that I believe I am entitled to redress. 1 If you are presently employed: a) give the name and address of your employer b) state the amount of your earnings per month 2. If you are NOT PRESENTLY EMPLOYED: a) state the date of start and termination of your last employment b) state your earnings per month YOU MUST ANSWER TIDS QUESTHON EVEN IIF' YOU AU lINCARClERA'lI'ED. 3. Have you received, within the past twelve months, any money from any source? If so, name the source and the amount of money you received . .t-' a) Are you receiving any public benefits? No. b) Do you receive any income from any other source? Rev D5120W 2 Q DYes, $ No. DYes, ­­­- ..!..../'V l.;\i(': much? :5, Do <, or stacIC;, fJ r property? If the answer is yes, describe the property and state its approximate va]ue. ! Q No. 6. Do lOU pay for rent or for a mortgage? If so, hovv much each month? o , '{ 8. DYes, No. DYes, $_--money to support and the amount you pay each month. ,. State any special financial circumstances which the Court should consider. Ii . I understand that the Court shall dismiss this case if I give a false answer to any questions in this declaration. , Rev. 0512010 3 1£nature ;irt ihe space above emer the fidi name(s) ofthe plaiiitijf(s)/petitioner(s).) AJF'Jfi1lRMA nON OF SERVICE (In the space above enter thefuli name(s) of the deJendant(s)lrespondem(s).) l..· . upon __ • E ___ •... rc'" _ _ _ _ _ _ __ (name ofperson served) • Dated: .. _-,L=":...] ______ __-=. ____, -____ whose address is __ __ ____ , .. (how you served document.' For example - personal delivery, mail, overnight express, etc) (town/city) (Slale) 20 (month) (day) (year) City, State -Rev 0512007 ..--"'.:..-_