Fashaw v. State

Full title: KASHAWN A. FASHAW, Plaintiff, v. THE STATE OF NEW YORK, et al., Defendants.

Court: United States District Court, S.D. New York

Date published: Aug 4, 2021

21-CV-2336 (LTS) (S.D.N.Y. Aug. 4, 2021)

Opinion

21-CV-2336 (LTS)

08-04-2021

KASHAWN A. FASHAW, Plaintiff, v. THE STATE OF NEW YORK, et al., Defendants.

LAURA TAYLOR SWAIN, Chief United States District Judge:

ORDER

LAURA TAYLOR SWAIN, Chief United States District Judge:

By order dated May 17, 2021, the Court granted Plaintiff, who appears pro se and proceeds in forma pauperis (IFP), leave to file an amended complaint within 60 days of the date of that order. Plaintiff did not file an amended complaint. Instead, on August 2, 2021, he filed an Application for the Court to Request Pro Bono Counsel.

The factors to be considered in ruling on an indigent plaintiff's request for counsel include the merits of the case, the plaintiff's efforts to obtain a lawyer, and the plaintiff's 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 renewal at a later stage. The Court grants Plaintiff a 60-day extension of time to comply with the May 17, 2021 order..

CONCLUSION

Plaintiff's motion for counsel (ECF 12) is denied without prejudice. Plaintiff is directed to file an amended complaint within 60 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.