Frieson v. The City of New York et al
| Phillip Frieson |
| Former Representatives of the Department of Corrections and The City of New York |
| 1:2011cv04611 |
| June 23, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ulster |
| John G. Koeltl |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
28
MEMORANDUM OPINION AND ORDER. The petitioner's application for the Court to appoint counsel is denied without prejudice to renewal for failure to make the required showing at this time. 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 civil litigant under 28 U.S.C. § 1915. See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986). 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 w hether counsel should be appointed: "plaintiff'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, a nd 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 not yet made such a showing. (Signed by Judge John G. Koeltl on 6/12/2012) (lmb) Modified on 6/13/2012 (lmb).
|
|
Filing
27
MEMORANDUM OPINION AND ORDER re: 25 MOTION for Reconsideration filed by The City of New York. The Court has carefully considered all of the parties' arguments. To the extent not specifically addressed above, they are either moot or without merit. For the reasons stated above, the City' motion for reconsideration is denied without prejudice. The clerk is directed to close Docket No. 25. (Signed by Judge John G. Koeltl on 6/8/2012) (mro)
|
|
Filing
22
MEMORANDUM OPINION AND ORDER re: 15 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by The City of New York.The Court has carefully considered all of the parties' arguments. To the extent not specifically ad dressed above, they are either moot or without merit. For the reasons stated above, the defendants' motion to dismiss and to limit damages is denied. The Clerk is directed to close Docket No. 15. (Signed by Judge John G. Koeltl on 5/29/2012) (lmb)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
