Opinion
1-22-CV-04300 (KPF) (KHP)
02-28-2023
Edward Greeman plaintiffs/petittoners. v. Superintendant of Fishkill Correctional Facility defendants/respondents.
APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL
HON. KATHARINE H. PARKER UNITED STATES MAGISTRATE JUDGE
I ask the Court to request a pro bono attorney to represent me in this action. In support of my application, I declare under penalty of perjury that the following information is true and correct:
1. Have you previously filed a “Request to Proceed in Forma Pauperis” (an IFP application)? Please check the appropriate box below:
[ ] I have previously filed an IFP application in this case, and it is a true and correct representation of my current financial status.
[X] I have not previously filed an IFP application in this case and now attach an original IFP application showing my financial status.
I have previously filed an IFP application in this case, but my financial status has changed. I have attached a new IFP application showing my current financial status.
2. Explain why you need an attorney in this case. (Please note that requests for pro bono counsel are rarely granted at the early stages of a case and usually not before the Court has issued a decision on the merits of the case.) If you asked for an attorney earlier in this case, please also explain what has changed since you last asked for an attorney.
Please be informed that I am humble requesting, prematurely for a Pro Bono Counsel, to assist me, in litigating the above Habeas Corpus Petition. My request,only if necessary, is to ex-pedite the corrective process encompassing this 'Gross Mis- carriage of Justice' Since I am an INNOCENT 66 yrs OLD GREATGRAND-FATHER who is seeking JUSTICE(not sympathy) from this Honorable Court.
Thank You Kindly,
Edward-Greeman Pro se Def.
The Criminal Justice Act provides the Court with discretion to appoint an attorney to represent a petitioner seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 who is unable to afford counsel if “the interests of justice so require.” 18 U.S.C. § 3006A(a)(2)(B). There is no requirement that an indigent habeas petitioner be appointed pro bono counsel unless the Court determines that an evidentiary hearing is necessary. Graham v. Portuondo, 506 F.3d 105, 107 (2d Cir. 2007). "Appointment of pro bono counsel must be done judiciously in order to preserve the precious commodity of volunteer lawyers for those litigants who truly need a lawyer's assistance." Farmer v. United States, 2016 WL 1276461, at *7 (S.D.N.Y. Mar. 30, 2016) (citation omitted). Here, the habeas petition is fully briefed and no evidentiary hearing is scheduled. The next step is for the Court to render a decision on the petition. Petitioner requests appointment of counsel in an attempt to "expedite" a resolution of his petition, however the appointment of counsel will not result in an expedited decision from the Court. Accordingly, Petitioner has not shown that the interests of justice require appointment of counsel. His motion is denied.
The Clerk of the Court is respectfully directed to mail a copy of this order to the Petitioner.
SO ORDERED.