Culbreth v. Manuel ( 2024 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KAREEM H. CULBRETH, Plaintiff, ORDER -against- 24-CV-00497 (PMH) CORRECTION OFFICER MANUEL, et al., Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff brings this action pro se. Plaintiff submitted an Application for the Court to Request Pro Bono Counsel without a signature. Rule 11(a) of the Federal Rules of Civil Procedure provides that “[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney’s name — or by a party personally if the party is unrepresented.” See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require “as it did in John Hancock’s day, a name handwritten (or a mark handplaced).” Becker v. Montgomery, 532 U.S. 757, 764 (2001). Plaintiff is directed to resubmit the signature page of the Application for the Court to Request Pro Bono Counsel with an original signature to the Court within thirty days of the date of this Order. A copy of the signature page is attached to this Order. If Plaintiff fails to comply with this Order within the time allowed, the application will be denied. 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 in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). The Clerk of Court is respectfully directed to terminate the motion sequence pending at Doc. 11. SO-ORDERED: Dated: White Plains, New York February 29, 2024 Philip M. Halpern United States District Judge UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK (List the full name(s) of the plaintiff(s)/petitioner(s).) —_eV_ -acainst- agains Application for the Court to Request Pro Bono Counsel (List the full name(s) of the defendant(s)/respondent(s).) I ask the Court to request a pro bono attorney to represent me in this action. 1. Have you previously filed a “Request to Proceed in Forma Pauperis” (an IFP application)? Please check the appropriate box below: L] [have previously filed an IFP application in this case, and it is a true and correct representation of my current financial status. L] [have not previously filed an IFP application in this case and now attach an original IFP application showing my financial status. L] Ihave previously filed an IFP application in this case, but my financial status has changed. I have attached a new IFP application showing my current financial status. 2. Explain why you need an attorney in this case. (Please note that requests for pro bono counsel are rarely granted at the early stages of a case and usually not before the Court has issued a decision on the merits of the case.) PRO SE INTAKE WINDOW LOCATIONS: 40 FOLEY SQUARE | NEW YoRK, NY 10007 300 QUARROPAS STREET | WHITE PLAINS, NY 10601 MAILING ADDRESS: 500 PEARL STREET | NEW YORK, NY 10007 PRON SE INTAKE TINIT: 91 9_2R045_0N1 26 3. Explain what steps you have taken to find an attorney. (Please identify the lawyers, law firms or legal clinics you have contacted and their responses to your requests. If you have limited access to telephone, mail, or other communication methods, or if you otherwise have had difficulty contacting attorneys, please explain.) 4. If you speak a language other than English, state the language: ____________________________. (The Court may not be able to find a volunteer attorney who speaks your language.) I understand that if an attorney volunteers to represent me and learns that I can afford to pay for an attorney, the attorney may give this information to the Court. I understand that even if the Court grants this application, there is no guarantee that an attorney will volunteer to represent me. Date Signature Name (Last, First, MI) Prison Identification # (if incarcerated) Address City State Zip Code Telephone Number E-mail Address (if available) Click Here to Save