Muflihi v. Rikers Island Employees
- Valerie Caproni
- 1:24-cv-00395
- U.S. District Court · Southern District of New York
- 3
In Muflihi v. Rikers Island Employees, Judge Figueredo denied Salman Muflihi’s request for a volunteer lawyer for discovery, without prejudice.
Salman Muflihi’s request for appointed volunteer counsel was denied without prejudice; the order did not decide the underlying claims against the defendants.
What happened
In Muflihi v. Rikers Island Employees, Salman Muflihi asked the court to appoint a volunteer lawyer to help with discovery, the process of obtaining information and evidence from the opposing side.
The court recognized that Muflihi was unable to pay for a lawyer because he was proceeding without paying court fees. But he had not explained what efforts he made to find a lawyer himself. The court said his incarceration did not excuse that omission.
The court denied the request without prejudice, meaning Muflihi may renew it. Judge Valerie Figueredo said a renewed request should describe the steps he took to find a lawyer and encouraged him to contact the City Bar Justice Center’s Federal Pro Se Legal Assistance Project.
The detailed version
- Muflihi v. Rikers Island Employees · No. 1:24-cv-00395
- Valerie Caproni
- May 12, 2025
Background
The court treated Salman Muflihi’s April 23, 2025 letter as a request to appoint volunteer counsel for discovery only. Muflihi was incarcerated, representing himself, and proceeding without paying court filing fees. The opinion does not describe the underlying claims against the defendants.
Reasoning
In deciding whether to appoint counsel, the court considered factors including the person’s ability to pay for a private lawyer, efforts to find a lawyer, whether lawyers are available, and the person’s ability to gather facts and address the issues without assistance. The court found that Muflihi’s unpaid-fee status showed that he was unable to pay for private counsel. But he had not explained what steps he had taken to find an attorney. The court stated that incarceration alone did not excuse that requirement.
Ruling
The court denied Muflihi’s request for volunteer counsel without prejudice. It stated that he could renew the request and should explain in any renewed application what steps he had taken to find a lawyer. The court also encouraged him to contact the City Bar Justice Center’s Federal Pro Se Legal Assistance Project for guidance on finding counsel and obtaining discovery. The Pro Se Office was directed to mail Muflihi a copy of the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.