Wunner v. Smith
- Vincent Briccetti
- 7:21-cv-01865
- U.S. District Court · Southern District of New York
- 1
In Wunner v. Smith, Judge Briccetti denied Wunner’s request for appointed counsel without prejudice and denied fee-free appeal status.
Jonte Andrew Wunner, the incarcerated plaintiff representing himself, was denied appointed counsel without prejudice and was denied permission to appeal without paying the filing fee.
What happened
In Wunner v. Smith, Jonte Andrew Wunner, who is incarcerated and representing himself, asked the court to appoint a lawyer for him.
The court denied the request without prejudice, meaning Wunner may renew it later. The court said it did not find exceptional circumstances requiring appointed counsel at that time.
Judge Vincent L. Briccetti also ruled that an appeal would not be taken in good faith and denied Wunner permission to proceed without paying the appeal filing fee.
The detailed version
- Wunner v. Smith · No. 7:21-cv-01865
- Vincent Briccetti
- May 17, 2022
Background
Jonte Andrew Wunner, who is incarcerated and representing himself, moved for appointment of counsel under 28 U.S.C. § 1915(e)(1). The opinion states that he was also proceeding without paying court fees.
Ruling on Counsel
The court denied without prejudice Wunner’s motion for appointment of counsel. This means the denial did not prevent him from renewing the request later. In reaching its decision, the court considered the type and complexity of the case, the merits of Wunner’s claims, and his ability to present the case. The court found no exceptional circumstances warranting appointed counsel at that time.
Appeal and Mailing
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 paying filing fees for an appeal. The court also stated that it would mail Wunner a copy of the order at the address on the docket.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.