Shepard v. Kirkpatrick

Filing 12

MEMORANDUM AND ORDER denying the appointment of counsel: For the reasons set forth in the attached Memorandum and Order, Shepard's requests for appointment of counsel are denied without prejudice. The Clerk of Court is respectfully ordered to mail a copy of this Order, as well as the entire docket sheet for this case, to Shepard and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 4/4/2019. (Mauskopf, Roslynn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------------------------------------X
EMANIA SHEPARD,
Petitioner,
MEMORANDUM AND
ORDER
17-CV-1235 (RRM)

- against MICHAEL KIRKPATRICK,
Respondent.
----------------------------------------------------------------X
ROSLYNN R. MAUSKOPF, United States District Judge.

This case has recently been reassigned to the undersigned. Petitioner Emannia Shepard’s
applications for appointment of counsel are denied. (Doc. No. 7,9.) 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), cert. denied sub.
nom., Hodge v. Colon, 502 U.S. 986 (1991). For the Court to appoint petitioner counsel in his
civil action, he must first make “at least a threshold showing of some merit.” Johnston v.
Genessee Cnty. Sheriff Maha, 606 F.3d 39, 41 (2d Cir. 2010).
At this stage of the case, Shepard has failed to demonstrate sufficient merit for the
appointment of counsel. See, e.g., Terminate Control Corp. v. Horowitz, 28 F.3d 1335 (2d Cir.
1994). Counsel will be appointed for Shepard only if the Court finds, after further review of the
petition, that appointment would be warranted, or upon further application by Shepard.

1

CONCLUSION
Shepard’s requests for appointment of counsel are denied without prejudice. The Clerk
of Court is respectfully ordered to mail a copy of this Order, as well as the entire docket sheet for
this case, to Shepard and note the mailing on the docket.

SO ORDERED.

Roslynn R. Mauskopf

Dated: Brooklyn, New York
April 4, 2019

____________________________________
ROSLYNN R. MAUSKOPF
United States District Judge

2