Segal v. New York Military Academy
- Vincent Briccetti
- 7:21-cv-06872
- U.S. District Court · Southern District of New York
- 2
In Segal v. New York Military Academy, Judge Briccetti denied counsel without prejudice, denied the fee request as moot, and denied appeal fee-free status.
Gilbert Segal Jr., who was representing himself, was denied appointed counsel without prejudice and had his amended request to proceed without prepaying fees denied as moot. The court also denied fee-free status for any appeal from the order.
What happened
In Segal v. New York Military Academy, Gilbert Segal Jr., who was representing himself, asked the court to appoint a free lawyer and requested permission to proceed without paying court fees. The court considered the case’s type and complexity, the apparent merits of the claim, and Segal’s ability to present it.
The court found no exceptional circumstances requiring appointed counsel and denied the request without prejudice, meaning the request was not permanently barred. The court also denied Segal’s amended fee application as moot because the docket showed that he had already paid the filing fee in September 2021.
Judge Vincent L. Briccetti further stated that any appeal from the order would not be taken in good faith and denied fee-free status for an appeal. The clerk was directed to terminate the motion, and the court ordered that a copy be mailed to Segal.
The detailed version
- Segal v. New York Military Academy · No. 7:21-cv-06872
- Vincent Briccetti
- Jan. 27, 2022
Background
Gilbert Segal Jr. was proceeding without a lawyer. He requested appointment of pro bono counsel, meaning a lawyer without charge, under 28 U.S.C. § 1915(e)(1). He also filed an amended application to proceed without prepaying filing fees and other court costs.
Counsel request
The court considered the type and complexity of the case, the merits of Segal’s claim, and his ability to present the case. It found no exceptional circumstances that would warrant appointing counsel at that time. The court therefore denied without prejudice Segal’s application for appointment of pro bono counsel. The order said Segal could, but was not required to, contact the New York Legal Assistance Group Legal Clinic for Pro Se Litigants.
Fee application and appeal status
The court denied as moot Segal’s amended application to proceed without prepaying fees or costs because the docket showed that he had already paid the filing fee in September 2021.
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to proceed without prepaying fees for an appeal. The clerk was directed to terminate the motion, and the court ordered that a copy of the order be mailed to Segal.
Disposition and classification
This order addressed requests for appointed counsel and fee relief; it did not decide the underlying claims against the defendants. The appointment-of-counsel motion was denied without prejudice, the amended fee application was denied as moot, and fee-free status for an appeal was denied. The order is therefore classified as a procedural order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.