Opinion
23-CV-9186 (LTS)
01-22-2024
PAUL NILES, Petitioner, v. EXECUTIVE DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER Respondent.
ORDER
LAURA TAYLOR SWAIN, CHIEF UNITED STATES DISTRICT JUDGE
By order dated January 8, 2024, the Court (1) granted Petitioner's request to proceed in forma pauperis, waiving the filing fee for this action; (2) granted Petitioner 60 days' leave to complete and file a 28 U.S.C. § 2254 form, which was attached to the order; and (3) denied Petitioner's request for the appointment of habeas corpus counsel, without prejudice to renewal at a later stage.
By letter dated January 12, 2024, Petitioner requested the appointment of counsel. As noted in the Court's January 8, 2024 order, it is too early in the proceedings to conclude that “the interests of justice so require” the appointment of counsel in this case. Accordingly, Petitioner's application for counsel is denied without prejudice to renewal at a later date.
The Clerk of Court is directed to attach an Amended Petition form for Petitioner to complete and file with the court.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.