United States Second Circuit

In a habeus petition action, plaintiff's motion for an extension of time to file motions to proceed in forma pauperis and for a certificate of appealability is granted where: 1) pro se plaintiff cannot access, without cost, from prison some of the federal case law that form a part of the substantive basis of the district court's dismissal of his habeus petition; and 2) the court is concerned about the impact on the appearance of justice when pro se litigants may not have financial access to case authorities that form the basis of a court's decision, thereby hampering the opportunities to understand and assert their legal rights. New local rules of the Southern and Eastern Districts of New York also oblige counsel to provide pro se litigants with copies of unreported decisions or decisions reported exclusively on computerized databases that are cited in their submissions to court.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

• PER CURIAM:, Before:  SOTOMAYOR, KATZMANN and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Elvin Lebron, Pine City, NY, pro se.


• For Appellees:
  
• Richard Nahas, Esq., Steptoe & Johnson, New York, NY, Respondent-Appellee.