Segal v. New York Military Academy

S.D. New York

Segal v. New York Military Academy

District Court, S.D. New York·Decided January 27, 2022·No. 7:21-cv-06872·Unknown

Opinion

UNITED STATES DISTRICT COURT mo SOUTHERN DISTRICT OF NEW YORK Oe GILBERT SEGAL JR., : pe Plaintiff, oy ob. \ VV 3 NEW YORK MILITARY ACADEMY (ALL ENTITIES INCLUDING, BUT NOT LIMITED — : ORDER TO INSURANCE REPRESENTATIVES, ETC); — : —— THE NATIONAL ASSOCIATION OF Ay INDEPENDENT SCHOOLS; THE RESEARCH: 21 CV 6872 (VB) yl | □□ CENTER ON NATURAL CONVERSATION : | □ INC.; ASSOCIATION OF MILITARY : hopes □□□ COLLEGES AND SCHOOLS OF THE cones’ Zevinees □ UNITED STATES; JOHN DOE 1-8; andJROTC : , cyyansoe ARMY, Defendants. - eee eee ew ee ne een eee en □□□ □□□ enews □□ X On January 21, 2022, plaintiff, who is proceeding pro se, requested pro bono counsel. (Doc. #21). The Court has considered the type and complexity of this case, the merits of plaintiff’s claim, and plaintiff’s ability to present the case. The Court does not find any exceptional circumstances in plaintiff’s case that would warrant the appointment of counsel at this time. See 28 U.S.C. § 1915(e)(1); Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). Accordingly, plaintiff’s application for appointment of pro bono counsel is DENIED WITHOUT PREJUDICE. Plaintiff may, but is not required to, contact the New York Legal Assistance Group (“NYLAG”) Legal Clinic for Pro Se Litigants. Additional information on the Legal Assistance Clinic can be found at the following hyperlink: https://www.nysd.uscourts.gov/attorney/legal- assistance,

In addition, plaintiff filed an Amended Application to Proceed Without Prepaying Fees or Costs. (Doc. #20). However, the docket indicates plaintiff paid the filing fee in September 2021. Accordingly, this request is DENIED AS MOOT. 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 in forma pauperis status is denied for the purpose of an appeal. Cf£ Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket The Clerk shall terminate the motion. (Doc. #21). Dated: January 26, 2022 White Plains, NY SO ORDERED:

VincentL. Briccetti United States District Judge

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UNITED STATES DISTRICT COURT mo SOUTHERN DISTRICT OF NEW YORK Oe GILBERT SEGAL JR., : pe Plaintiff, oy ob. \ VV 3 NEW YORK MILITARY ACADEMY (ALL ENTITIES INCLUDING, BUT NOT LIMITED — : ORDER TO INSURANCE REPRESENTATIVES, ETC); — : —— THE NATIONAL ASSOCIATION OF Ay INDEPENDENT SCHOOLS; THE RESEARCH: 21 CV 6872 (VB) yl | □□ CENTER ON NATURAL CONVERSATION : | □ INC.; ASSOCIATION OF MILITARY : hopes □□□ COLLEGES AND SCHOOLS OF THE cones’ Zevinees □ UNITED STATES; JOHN DOE 1-8; andJROTC : , cyyansoe ARMY, Defendants. - eee eee ew ee ne een eee en □□□ □□□ enews □□ X On January 21, 2022, plaintiff, who is proceeding pro se, requested pro bono counsel. (Doc. #21). The Court has considered the type and complexity of this case, the merits of plaintiff’s claim, and plaintiff’s ability to present the case. The Court does not find any exceptional circumstances in plaintiff’s case that would warrant the appointment of counsel at this time. See 28 U.S.C. § 1915(e)(1); Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). Accordingly, plaintiff’s application for appointment of pro bono counsel is DENIED WITHOUT PREJUDICE. Plaintiff may, but is not required to, contact the New York Legal Assistance Group (“NYLAG”) Legal Clinic for Pro Se Litigants. Additional information on the Legal Assistance Clinic can be found at the following hyperlink: https://www.nysd.uscourts.gov/attorney/legal- assistance,

In addition, plaintiff filed an Amended Application to Proceed Without Prepaying Fees or Costs. (Doc. #20). However, the docket indicates plaintiff paid the filing fee in September 2021. Accordingly, this request is DENIED AS MOOT. 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 in forma pauperis status is denied for the purpose of an appeal. Cf£ Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to plaintiff at the address on the docket The Clerk shall terminate the motion. (Doc. #21). Dated: January 26, 2022 White Plains, NY SO ORDERED:

VincentL. Briccetti United States District Judge

Segal v. New York Military Academy, (S.D.N.Y. 2022).

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