Sehra Waheed v. Frank J. Bisignano - Motion to Amend Granted, Virtual Hearing Scheduled
Summary
The U.S. District Court for the Southern District of New York granted Sehra Waheed's Motion to File an Amended Complaint (Dkt. No. 23) under Federal Rule of Civil Procedure 15(a) and her Motion for an Emergency Virtual Hearing (Dkt. No. 25), scheduling a telephonic conference for December 2, 2025 at 4:30 PM. The court simultaneously denied Waheed's request for court-appointed counsel, holding that civil litigants have no constitutional right to appointed counsel, and certified that her in forma pauperis appeal would not be taken in good faith under 28 U.S.C. § 1915(a)(3).
“Unlike in a criminal case, Plaintiff is not entitled to a court-appointed attorney in a civil case.”
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What changed
The Court granted Plaintiff's Motion to File an Amended Complaint under FRCP 15(a) and her Motion for an Emergency Virtual Hearing, scheduling a telephonic conference for December 2, 2025 at 4:30 PM. The Court denied Plaintiff's request for court-appointed counsel, citing that civil litigants have no right to appointed counsel unlike criminal defendants. The Court also certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith, thereby denying IFP status for appeal purposes. For affected parties, this procedural ruling clarifies the procedural posture of SSA-related civil litigation, including the standard for amending complaints and the limits on appointed counsel in civil proceedings.
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Nov. 26, 2025 Get Citation Alerts Download PDF Add Note
Sehra Waheed v. Frank J. Bisignano in his capacity as the Commissioner of the Social Security Administration, ET AL.
District Court, S.D. New York
- Citations: None known
- Docket Number: 1:25-cv-07751
Precedential Status: Unknown Status
Trial Court Document
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
----------------------------------------------------------- x
SEHRA WAHEED,
Plaintiff
-against- 25-cv-07751(ALC)
FRANK J. BISIGNANO in his capacity as the ORDER
Commissioner of the Social Security
Administration, ET AL.,
Defendants.
--------------------------------------------------------- x
ANDREW L. CARTER, JR., United States District Judge:
Before the Court are Plaintiff’s Motion to Amend the Complaint (Dkt. No. 23); Motion
for Emergency Virtual Hearing (Dkt. No. 25); and Motion for Court Appointed Counsel and
ECF Access (Dkt. No. 27). The Court hereby GRANTS Plaintiff’s Motion to File an Amended
Complaint (Dkt. No. 23) pursuant to Federal Rule of Civil Procedure 15(a). Plaintiff’s Motion
for a virtual hearing (Dkt. No. 25) is similarly GRANTED. The Parties shall appear for a
telephonic conference before this Court on December 2, 2025 at 4:30 PM. All parties shall
appear and should contact the Court at 1-855-244-8681 (access code: 2305 370 0226#).
Plaintiff’s request that the Court appoint counsel (Dkt. No. 27), however, is DENIED.
Unlike in a criminal case, Plaintiff is not entitled to a court-appointed attorney in a civil case.
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. See Coppedge
v. United States, 369 U.S. 438, 444–45 (1962). Plaintiff’s request for ECF access is DENIED as
moot because the Court has already issued a separate Order granting Plaintiff ECF access.The
Clerk of Court is respectfully directed terminate the motions pending at Dkt. Nos. 23, 25, and 27.
SO ORDERED.
Dated: November 26, 2025 (Arado 7 Ce
New York, New York Q?—
ANDREW L. CARTER, JR.
United States District Judge
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