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S.D.N.Y.Procedural orderFiled Oct. 11, 2022

Ramirez v. United States

Judge
Gregory Woods
Docket
1:22-cv-06981
Court
U.S. District Court · Southern District of New York
Pages
1
HabeasCivil Procedure
In one sentence

In Ramirez v. United States, Judge Woods denied Miguel Ramirez’s request for appointed counsel without prejudice.

Who this affects

Miguel Ramirez’s request for appointed counsel was denied without prejudice; the order did not resolve the underlying proceeding.

What happened

In Ramirez v. United States, Miguel Ramirez asked the court to appoint a lawyer for his proceeding challenging his federal case.

The court explained that people generally do not have a constitutional right to a lawyer in these proceedings. It considered factors including the likelihood of success, the complexity of the legal issues, and Ramirez’s ability to investigate and present his case.

Judge Gregory H. Woods ruled that appointing counsel was not warranted at that time and denied the request without prejudice. The court said Ramirez could apply again after more facts and legal issues had been presented.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Ramirez v. United States · No. 1:22-cv-06981
Judge
Gregory Woods
Date
Oct. 11, 2022

Background

Miguel Ramirez moved for appointment of counsel. The opinion addresses the request in connection with habeas proceedings and cites the Criminal Justice Act, which permits a court to provide representation for a financially eligible person seeking relief under certain federal post-conviction statutes.

Legal standard

The court stated that there is no constitutional right to counsel in habeas proceedings. It applied factors used for requests for volunteer counsel in civil cases, including the likely success of the case, the complexity of the legal issues, and the movant’s ability to investigate and present the case.

Ruling

The court concluded that appointment of counsel was not warranted at that time. Judge Gregory H. Woods denied Ramirez’s application without prejudice, and the court stated that Ramirez could apply again after presenting more of the relevant facts and legal issues. The order did not decide the merits of Ramirez’s underlying proceeding.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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