Graham v. Moran et al

Filing 11

ORDER denying 10 Motion to Appoint Counsel. Plaintiff's motion for counsel (ECF 10) is denied without prejudice. Plaintiff is directed to file an amended complaint, in compliance with the Court's August 26, 2021 order, within 30 days of the date of this order. If Plaintiff fails to comply within the time allowed, the complaint will be dismissed for failure to state a claim upon which relief may be granted. 28 U.S.C. §1915(e)(2)(B)(ii). The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note service on the docket. 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 status is 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). (Signed by Judge Laura Taylor Swain on 9/9/2021) (sac) Transmission to Docket Assistant Clerk for processing.

Case 1:21-cv-03973-LTS Document 11 Filed 09/09/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GRAHAM MORAN,
Plaintiff,

21-CV-3973 (LTS)

-against-

ORDER

ALINA MORAN, et al.,
Defendants.
LAURA TAYLOR SWAIN, Chief United States District Judge:

Plaintiff, who is appearing pro se and proceeding in forma pauperis (“IFP”), is currently
incarcerated in the Philadelphia Industrial Correctional Center in Pennsylvania. By order dated
August 26, 2021, the Court dismissed his complaint, and granted Plaintiff 30 days’ leave to
replead his claims in an amended complaint. On September 8, 2021, Plaintiff filed an Application
for the Court to Request Pro Bono Counsel.
The factors to be considered in ruling on an indigent litigant’s request for counsel include
the merits of the case, his efforts to obtain a lawyer, and his 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 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 F.2d at 172. Because it is too
early in the proceedings for the Court to assess the merits of the action, the Court denies
Plaintiff’s application without prejudice to Plaintiff’s filing another such application at a later
date. The Court grants Plaintiff a 30-day extension of time to comply with the August 26, 2021
order.
CONCLUSION
Plaintiff’s motion for counsel (ECF 10) is denied without prejudice. Plaintiff is directed
to file an amended complaint, in compliance with the Court’s August 26, 2021 order, within 30

Case 1:21-cv-03973-LTS Document 11 Filed 09/09/21 Page 2 of 2

days of the date of this order. If Plaintiff fails to comply within the time allowed, the complaint
will be dismissed for failure to state a claim upon which relief may be granted. 28 U.S.C.
§1915(e)(2)(B)(ii).
The Court directs the Clerk of Court to mail a copy of this order to Plaintiff and note
service on the docket.
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 status is 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:

September 9, 2021
New York, New York

/s/ Laura Taylor Swain
LAURA TAYLOR SWAIN
Chief United States District Judge

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