Opinion
10 Civ. 5836 (JGK).
October 4, 2010
MEMORANDUM OPINION AND ORDER
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, 61-62 (2d Cir. 1986); 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. See Hodge, 802 F.2d at 61-62. 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 assistance in the light of the required factual investigation, the complexity of the legal issues, and the need for expertly conducted cross-examination to test veracity." 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.
October 1, 2010
Dated: New York, New York
APPLICATION FOR THE COURT TO REQUEST COUNSEL
Stephen Risi — See Attatchment — — See Attatchment — In Forma Pauperis I declare under penalty of perjury that the foregoing is true and correct. 2010 09 11 Stephen Risi Signature 1. Name of applicant. 2. Explain why you feel you need a lawyer in this case. (Use additional paper if necessary) ________________________________________________________________________________________________ ______________________________________________________________________________ ________________________________________________________________________________________________ 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 Court. 6. I understand that if my answers on my Request to Proceed are false, my case may be dismissed. 7. Dated: ExhibitREQUEST TO PROCEED IN FORMA PAUPERIS FOR APPLICATION FOR THE COURT TO REQUEST COUNSEL
I, Stephen Risi, (print or type your name) am the plaintiff/petitioner in the above entitled case and I hereby request to proceed in forma 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. YOU MUST ANSWER THIS QUESTION EVEN IF YOU ARE INCARCERATED. a) Sept. 6, 2008-Dec. 15, 2008 b) $1,200 Per month Yes. Family, No more than $590 Alissa Risi (wife)(kids)Courtney Risi, Christina Benson, Alexandrea Barnes, Self. I have a wifetkids and I'm an indigent pre-trial detainee who is currently haneless. 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 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. a) Are you receiving any public benefits? [] No. [] Yes, $ ______. b) Do you receive any income from any other source? [] No. [] Yes, $ ______. 4. Do you have any money, including any money in a checking or savings account? If so, how much? [] No. [] Yes, $ _______. 5. Do you own any apartment, house, or building, stock, bonds, notes, automobiles or other property? If the answer is yes, describe the property and state its approximate value. [] No. [] Yes, ________________________________________________________. 6. Do you pay for rent or for a mortgage? If so, how much each month? [] No. [] Yes, $ _________. 7. List the person(s) that you pay money to support and the amount you pay each month. 8. State any special financial circumstances which the Court should consider. ________________________________________________________________________________________________ I understand that the Court shall dismiss this case if I give a false answer to any questions in this declaration.I declare under penalty of perjury that the foregoing is true and correct. 11 September 2010 date month year Stephen Risi Signature
Signed this day of , .