Gray v. Lamanna

Filing 16

MEMORANDUM AND ORDER denying 3 Motion to Appoint Counsel ; granting 13 Motion for Extension of Time to File Response/Reply ; denying 14 Motion to Appoint Counsel ; granting 2 Motion for Leave to Proceed in forma pauperis: For the reasons set forth in the attached Memorandum and Order, Gray's requests for appointment of counsel are denied without prejudice. The Clerk of Court is respectfully ordered to mail a copy of this Memorandum and Order to Gray at the address reflected on the docket. Ordered by Judge Roslynn R. Mauskopf on 9/26/2018. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CHRISTOPHER GRAY,
Petitioner,
- against -

MEMORANDUM AND ORDER
17-CV-6324 (RRM)

JAIME LAMANNA,
Respondent.
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ROSLYNN R. MAUSKOPF, United States District Judge.
Petitioner Christopher Gray’s applications for appointment of counsel are denied. (Doc.
Nos. 3, 14.) Though this Court “may request an attorney to represent any person unable to afford
counsel” pursuant to 28 U.S.C. § 1915(e)(1), “whether the appointment of counsel is necessary”
is within the Court’s discretion. In re Martin-Trigona, 737 F.2d 1254, 1260 (2d Cir. 1984). This
determination turns on whether the person is indigent, is unable to obtain counsel, and has a legal
position that “seems likely to be of substance.” Hodge v. Police Officers, 802 F.2d 58, 61 (2d
Cir. 1986). For the Court to appoint petitioner counsel in his civil action, he must first make at
least “a threshold showing of some likelihood of merit.” Johnston v. Maha, 606 F.3d 39, 41 (2d
Cir. 2010).
Gray has failed to demonstrate sufficient merit for the appointment of counsel at this
time. Counsel will be appointed for Gray only if the Court finds, after further review of the
petition, that appointment would be warranted, or upon further application by Gray.

CONCLUSION
Gray’s requests for appointment of counsel are denied without prejudice. The Clerk of
Court is respectfully ordered to mail a copy of this Memorandum and Order to Gray at the
address reflected on the docket.

SO ORDERED.
Roslynn R. Mauskopf

Dated: Brooklyn, New York
September 26, 2018

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ROSLYNN R. MAUSKOPF
United States District Judge

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