St. Clair E. Miller v. Hazel Lee Miller

Second Circuit Court of Appeals

Submitted November 3, 1961.

Decided November 21, 1961.

Second Circuit Court of Appeals · decided 1961-11-21

2 counsel of record

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 1915

Relies on Cohen v. Beneficial Industrial Loan Corp. · Swift & Co. Packers v. Compania Colombiana Del Caribe, S. A. · Roberts v. United States District Court

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1961-11-21

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Cited by 22 later decisions — most recently February 2006

21 federal appellate ·

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St. Clair E. Miller, plaintiff-appellant, pro se.

No appearance for defendant-appellee.

Before CLARK, HINCKS, and KAUFMAN, Circuit Judges.

PER CURIAM.

¶1

This appeal from the denial of appellant's application for counsel to press his action for damages against his wife for procuring his confinement in a state mental institution while sane involves the same issues — parties, appealability, and the discretionary power of the judge in assigning counsel under 28 U.S.C. § 1915(d) — as in the companion appeal against the hospital superintendent we are deciding herewith. Miller v. Pleasure, 2 Cir., 296 F.2d 283, decided this day. Except as to the one claim of governmental immunity not here available, the chances of any success at all for plaintiff in the action below seem as dubious here as we found them there. The judge exercised sound discretion in denying the application.

¶2

Affirmed.