Opinion
06 Cr. 862 (JGK).
July 16, 2010
MEMORANDUM OPINION AND ORDER
The Court has received the attached letter from the defendant.
The defendant appears to seek resentencing to take into account certain potential amendments to the Sentencing Guidelines. However, the potential amendments do not change any Guideline Sentencing Ranges but simply adjust considerations that the Court would take into account at sentencing. There is no basis for resentencing the defendant on the basis of those amendments.
The defendant also seeks the appointment of counsel in connection with resentencing. The Court of Appeals for the Second Circuit has articulated factors that should guide the Court's discretion to appoint counsel to represent an indigent litigant under 28 U.S.C. § 1915. See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986); Jackson v. Moscicki, No. 99 Civ. 2427 (JGK), 2000 WL 511642, at *4 (S.D.N.Y. Apr. 27, 2000). For the Court to order the appointment of counsel, the plaintiff must, as a threshold matter, demonstrate that his claim has substance or a likelihood of success on the merits. See Hodge, 802 F.2d at 61-62. Only then can the Court consider the other factors appropriate to determination of whether counsel should be appointed: "plaintiff's ability to obtain representation independently, and his ability to handle the case without assistance in the light of the required factual investigation, the complexity of the legal issues, and the need for expertly conducted cross-examination to test veracity." Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). The defendant has failed to show that any application for resentencing is likely to have merit. The application for the appointment of counsel is therefore denied without prejudice.
The defendant also seeks leave to proceed in forma pauperis. That request is granted, but it is unclear what proceeding the petitioner seeks to bring. The Court has considered each of the petitioner's applications without requiring the payment of any filing fee.
The petitioner correctly points out that he should pursue remedies within the Bureau of Prisons. The petitioner also may wish to consult the Pro Se Office of the Court. The Pro Se Office may be reached by telephone at 212-805-0175, and its mailing address is: United States Courthouse, 500 Pearl Street, Room 230, New York, New York, 10007.