Rodriguez v. City of New York

Opinion

UNITED STATES DISTRICT COURT DELOECCUTMREONNTIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: _________________ DATE FILED: 2/23/2021 PETER RODRIGUEZ, Plaintiff, 21-CV-1384 (GHW) -against- ORDER OF SERVICE CITY OF NEW YORK; CAPTAIN MACK; CORRECTION OFFICER JOHN, Defendants. GREGORY H. WOODS, United States District Judge: Plaintiff, currently detained in the Manhattan Detention Complex, brings this pro se action under 42 U.S.C. § 1983, alleging that, while he was detained in the George R. Vierno Center, Defendant violated his constitutional rights. By order dated February 22, 2021, the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis (IFP).1 DISCUSSION A. Waiver of Service The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York, Captain Mack, and Correction Officer John waive service of summons. B. Request for Counsel Plaintiff filed an application for the Court to request counsel (ECF No. 4.) The factors to be considered in ruling on an indigent litigant’s request for counsel include the merits of the case, Plaintiff’s efforts to obtain a lawyer, and Plaintiff’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

1 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1). 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 E:2d at 172. Because it is too early in the proceedings for the Court to assess the merits of the action, Plaintiff's request for counsel (ECF No. 4) is denied without prejudice to renewal at a later date. CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. ‘The Court requests that Defendants the City of New York, Captain Mack, and Correction Officer John waive service of summons. Plaintiff’s request for counsel is denied without prejudice to renewal at a later date. 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 staius1s denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: February 23, 2021

GREGOBWH. WOODS United States District Judge