In what circumstances will the Supreme Court dismiss a motion to appoint counsel in a personal injury case where there is no prior decree in effect and there are no allegations of noncompliance?

MultiRegion, United States of America

The following excerpt is from Berger v. Heckler, 771 F.2d 1556 (2nd Cir. 1985):

7 This case is therefore to be distinguished from cases like Boyd v. Justices of Special Term, 546 F.2d 526 (2d Cir.1976) (per curiam), where there was no prior decree in effect and no alleged noncompliance. In that case, plaintiffs had brought suit "to vindicate [their] claimed constitutional right to the assignment of counsel in their state divorce proceedings." Id. at 527. The action was dismissed as moot after the named plaintiffs had actually obtained appointed counsel for the purposes of those proceedings and could therefore be said to have received all the relief they sought in their federal action.

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