Griffin v. Warden-A.M.K.C.

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JEREMIAH JEROME GRIFFIN, Petitioner, -against- 22-CV-6302 (LTS) WARDEN A.M.K.C.; NYC DEPT OF ORDER CORRECTIONS; OTHER PERSONS HAVING CUSTODY OF DETAINES MOUNT SINAI HOSPITAL, et al., Respondents. LAURA TAYLOR SWAIN, Chief United States District Judge: Petitioner has filed an Application for the Court to Request Counsel. The factors to be considered in ruling on an indigent litigant’s request for counsel include the merits of the case, Petitioner’s efforts to obtain a lawyer, and Petitioner’s ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989); Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are “[t]he factor which command[s] the most attention.” Cooper, 877 F.2d at 172. The Court directed Petitioner to file an amended petition, and he has not yet done so. Because it is not clear that Petitioner can state a viable claim, the motion is denied without prejudice, and the Clerk of Court is directed to terminate it. (ECF 4.) The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

SO ORDERED. Dated: October 26, 2022 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge