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 second request for appointed counsel without prejudice.
Jonte Andrew Wunner, whose second request for appointed counsel was denied without prejudice.
What happened
In Wunner v. Smith, Jonte Andrew Wunner, who was incarcerated and representing himself, asked the court to appoint a lawyer for him for the second time.
The court considered the case’s type and complexity, the apparent merits of Wunner’s claims, and his ability to present the case. It found no exceptional circumstances requiring appointed counsel at that time. The court said Wunner could request copies of lost legal papers or documents and should not file another counsel request until discovery is complete.
Judge Vincent L. Briccetti denied the motion without prejudice to renewal. The court also said any appeal would not be taken in good faith and denied permission to proceed without paying appeal fees.
The detailed version
- Wunner v. Smith · No. 7:21-cv-01865
- Vincent Briccetti
- June 13, 2022
Background
Jonte Andrew Wunner, who was incarcerated and proceeding without a lawyer, moved for appointment of counsel for the second time. He also was proceeding without paying filing fees. The opinion identifies the defendants as Sergeant C. Zayas, Sergeant M. Shene, Corporal J. Wilcox, Deputy M. Gorr, and Deputy Sawall.
Court’s Analysis
Under 28 U.S.C. § 1915(e)(1), a court may appoint counsel in an appropriate case. The court considered the type and complexity of the case, the merits of Wunner’s claims, and his ability to present the case. It concluded that exceptional circumstances did not warrant appointing counsel at that time.
The court stated that, if Wunner had lost legal papers or other documents, he could write to the court or opposing counsel to request additional copies. It also directed him not to file another motion for appointment of counsel until after discovery was complete.
Ruling
Judge Vincent L. Briccetti denied Wunner’s motion without prejudice to renewal. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to proceed without paying fees for an appeal. Chambers was directed to mail Wunner a copy of the order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.