Edwards v. Westchester County
- Judith McCarthy
- 7:19-cv-01362
- U.S. District Court · Southern District of New York
- 3
In Edwards v. Arocho, Judge Briccetti denied Edwards’s request for a free appointed lawyer without prejudice and denied fee-free appeal status.
Edwards, the self-represented plaintiff, was denied appointed counsel without prejudice and was denied permission to appeal without paying filing fees.
What happened
In Edwards v. Arocho, the plaintiff, who was representing himself and could not afford filing fees, asked the court to appoint a free lawyer.
The plaintiff said he needed help handling the case, including preparing filings, researching legal issues, and reviewing evidence.
Judge Briccetti denied the request without prejudice, finding no exceptional circumstances at that time. He also denied the plaintiff permission to appeal without paying fees, stating that an appeal would not be taken in good faith.
The detailed version
- Edwards v. Westchester County · No. 7:19-cv-01362
- Judith McCarthy
- Dec. 30, 2020
Background
Edwards was proceeding without a lawyer and without paying filing fees. He asked the court to appoint pro bono counsel, meaning a lawyer who would represent him without charge. The motion was dated December 19, 2020, and was docketed as Document 85.
Court’s analysis
The court considered the type and complexity of the case, the apparent merits of Edwards’s claims, and his ability to present the case himself. Applying 28 U.S.C. § 1915(e)(1) and the cited Second Circuit precedent, the court found no exceptional circumstances warranting appointment of counsel at that time.
Ruling
Judge Vincent L. Briccetti denied Edwards’s request for appointed counsel without prejudice. The clerk was directed to terminate the motion, and chambers was directed to mail Edwards a copy of the order. The court also certified that an appeal from the order would not be taken in good faith and denied Edwards permission to appeal without paying filing fees.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.