Smith v. Mount Sinai Hospital, St. Luke
- Laura Swain
- 1:22-cv-04260
- U.S. District Court · Southern District of New York
- 1
In Smith v. Mount Sinai Hospital, Judge Swain denied Rita R. Smith’s request for appointed counsel without prejudice because her amended complaint’s viability was unclear.
Rita R. Smith’s request for appointed counsel was denied without prejudice; her ability to seek counsel again was not barred by this order. The court also denied permission to appeal without paying the filing fee.
What happened
In Smith v. Mount Sinai Hospital, Rita R. Smith asked the court to request a lawyer to represent her.
The court said it considers the apparent strength of the case, the plaintiff’s efforts to find a lawyer, and the plaintiff’s ability to investigate and present the case alone. Smith’s amended complaint was still awaiting review, and the court said it was not clear that she could state a legally valid claim.
Judge Laura Taylor Swain denied the request for counsel without prejudice and directed the Clerk of Court to terminate the motion. The court also ruled that an appeal would not be taken in good faith and denied Smith permission to appeal without paying the filing fee.
The detailed version
- Smith v. Mount Sinai Hospital, St. Luke · No. 1:22-cv-04260
- Laura Swain
- Sept. 29, 2022
Background
Rita R. Smith filed an application asking the court to request counsel for her. The court’s order states that the factors for an indigent litigant’s request for counsel include the apparent merits of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to gather facts and present the case without a lawyer. The court identified the merits as the factor receiving the most attention.
Reasoning
Smith’s amended complaint was awaiting the court’s review. Because the court said it was not clear that Smith could state a legally valid claim, the court denied the request for counsel without prejudice.
Disposition
Judge Laura Taylor Swain directed the Clerk of Court to terminate the motion. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.