Taylor v. Trigeno

Background

Roy Joaquin Taylor asked the Court to appoint a volunteer attorney, identified in the request as “Keven Kreindler,” to represent him in settlement discussions in various cases he had brought. The request was docketed at Dkt. No. 295.

Court’s Analysis

The Court explained that, unlike in a criminal case, a person generally is not entitled to a court-appointed attorney in a civil case. Under 28 U.S.C. § 1915(e)(1), a court may request an attorney to represent someone who cannot afford counsel, but the statute does not require an attorney to accept the appointment.

The Court had previously requested volunteer counsel for Taylor for the limited purpose of settlement discussions in this case. It noted that attorney Kevin Mahoney of Kreindler & Kreindler LLP had appeared as Taylor’s volunteer attorney for that limited purpose. The Court stated that Mahoney could voluntarily represent Taylor in other matters, but the Court could not force him to do so, especially because Taylor sought appointment in cases that were not before this Court.

Ruling

Judge Gregory H. Woods denied Taylor’s request. The Court also 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 appeal without paying the filing fee. The Clerk was directed to mail Taylor copies of this order and the earlier order at Dkt. No. 289.