Avila v. Tenzie

UNITED STATES DISTRICT COURT E DL OE CC #T :R ONIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 2/5/20 20 LEXY AVILA, Plaintiff, 19-CV-11920 (VEC) -against- ORDER OF SERVICE STACY TENZIE, NYC Correctional Officer, Shield No. 1478, Defendant.

VALERIE CAPRONI, United States District Judge: Plaintiff, currently detained in the Rose M. Singer Center on Rikers Island, brings this pro se action under 42 U.S.C. § 1983, alleging that Defendant violated her federal constitutional rights. By order dated January 16, 2020, the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis (“IFP”).1 DISCUSSION A. Waiver of Service The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that New York City Correction Officer Stacy Tenzie, Shield No. 1478, waive service of summons.

B. Application for the Court to Request Pro Bono Counsel Plaintiff also submits an application for the court to request probono counsel. (ECF No. 4.) The factors to be considered in ruling on an indigent litigant’s request for counsel include the merits of the case, Plaintiff’s efforts to obtain a lawyer, and Plaintiff’s ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co., 877 F.2d 170, 172 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP.See 28 U.S.C. § 1915(b)(1). (2d Cir. 1989); Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are “‘[t]he factor which command[s] the most attention.” Cooper, 877 F.2d at 172. Because it is too early in the proceedings for the Court to assess the merits of the action, Plaintiffs motion for counsel is denied without prejudice to renewal at a later date.

CONCLUSION The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package.

The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendant New York City Correction Officer Stacy Tenzie, Shield No. 1478, waive service of summons.

The Court denies Plaintiff’s application for the Court to request pro bono counsel (ECF No. 4), without prejudice to renewal.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: February 5, 2020 New York, New York + (| ’ Nel United States District Judge