Johnson v. City of New York
- George Daniels
- 1:20-cv-03083
- U.S. District Court · Southern District of New York
- 10
In Vandyke Johnson v. City of New York, Judge Stanton denied counsel and reconsideration, but extended amendment time to August 5, 2020.
Vandyke Johnson, who remained responsible for filing an amended complaint by August 5, 2020, while retaining the ability to seek free volunteer counsel again later; the defendants were not affected by a merits ruling in this order.
What happened
In Vandyke Johnson v. City of New York, Vandyke Johnson asked for free legal counsel, reconsideration of an order requiring him to amend his complaint, and more time to do so. He was representing himself and had been allowed to proceed without paying court fees.
The court denied the request for free counsel without prejudice, allowing Johnson to apply again later. It also denied reconsideration of the order requiring an amended complaint, but granted an extension until August 5, 2020, and stated that no further extensions would be granted.
Judge Louis L. Stanton also denied Johnson permission to proceed without paying fees for an appeal, finding that an appeal would not be taken in good faith. The order did not decide the merits of Johnson’s underlying claims.
The detailed version
- Johnson v. City of New York · No. 1:20-cv-03083
- George Daniels
- July 8, 2020
Background
Vandyke Johnson proceeded without a lawyer and without prepaying court fees. In an order dated May 5, 2020, the court directed him to amend his complaint to correct deficiencies. Johnson then filed applications for free volunteer counsel, reconsideration of the amendment order, and an extension of time to amend. He also submitted a change of address.
Court’s analysis
The court explained that requests for free counsel by an indigent plaintiff are evaluated using factors including the apparent merits of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without assistance. The court stated that the merits receive the most attention. It also explained that, under the statute allowing a person to proceed without prepaying fees, the court cannot appoint a lawyer; it may only ask a lawyer to volunteer.
The court found that Johnson appeared able to present his case adequately and that he reported receiving some telephone assistance from the New York Legal Assistance Group. Because the case was still at an early stage, the court said it could not yet assess the merits of the action.
Rulings
Judge Louis L. Stanton denied Johnson’s motion for free volunteer counsel without prejudice to filing a new application at a later date. The court denied Johnson’s request to reconsider the order requiring him to amend his complaint because Johnson had not provided a sufficient reason for reconsideration. The court granted Johnson’s request for an extension of time until August 5, 2020, to file an amended complaint and stated that no further extensions would be granted.
The court also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order directed the clerk to mail Johnson a copy and note service on the docket. The court did not resolve the underlying claims against the defendants.
Read the full 10-page opinion on CourtListener, the free public archive maintained by the Free Law Project.