Griffin v. Warden-A.M.K.C.
- Laura Swain
- 1:22-cv-06302
- U.S. District Court · Southern District of New York
- 2
In Griffin v. Warden-A.M.K.C., Judge Swain denied Griffin’s request for counsel without prejudice because he had not amended his petition and a viable claim was unclear.
Jeremiah Jerome Griffin’s request for counsel was denied without prejudice, and he was denied permission to appeal this order without paying the required filing fees.
What happened
In Griffin v. Warden-A.M.K.C., Jeremiah Jerome Griffin asked the court to request a lawyer for him. The court had directed him to file an amended petition, but he had not done so.
The court said the main factor in deciding whether to appoint counsel is the apparent strength of the case. Because it was unclear whether Griffin could state a valid claim, the court denied his request for counsel without prejudice and directed the Clerk of Court to terminate the motion.
Chief Judge Laura Taylor Swain also ruled that any appeal from this order would not be taken in good faith and denied Griffin permission to appeal without paying the filing fees.
The detailed version
- Griffin v. Warden-A.M.K.C. · No. 1:22-cv-06302
- Laura Swain
- Oct. 26, 2022
Background
Jeremiah Jerome Griffin filed an application asking the court to request counsel. The court had previously directed Griffin to file an amended petition, but the opinion states that he had not yet done so.
Legal standard
The court considered the factors used when an indigent litigant asks for appointed counsel: the apparent merits of the case, the person’s efforts to obtain a lawyer, and the person’s ability to collect facts and present the case without assistance. The court stated that the merits receive the most attention.
Ruling
Because it was not clear that Griffin could state a viable claim, the court denied the motion without prejudice. The Clerk of Court was directed 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 required filing fees.
What the opinion does not decide
The order does not describe or decide the underlying claims in Griffin’s petition. It addresses only the request for counsel and permission to appeal without paying filing fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.