Opinion
09 Civ. 3079 (JGK).
September 23, 2011
MEMORANDUM OPINION AND ORDER
The Court has received the attached application for the appointment of counsel. The Court of Appeals for the Second Circuit has articulated factors that should guide the Court's discretion to appoint counsel to represent an indigent litigant under 28 U.S.C. § 1915. See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986). For the Court to order the appointment of counsel, the plaintiff must, as a threshold matter, demonstrate that her claim has substance or a likelihood of success on the merits. See id. Only then can the Court consider the other factors appropriate to determination of whether counsel should be appointed: "plaintiff's ability to obtain representation independently, and his ability to handle the case without assistance in the light of the required factual investigation, the complexity of the legal issues, and the need for expertly conducted cross-examination to test veracity."Cooper v. A. Sargenti Co., Inc., 877 F.2d 170, 172 (2d Cir. 1989). The plaintiff has failed to show that her claims are likely to have merit, and the application for the appointment of counsel is therefore denied without prejudice.
The Court has also received the attached request for an extension of the stay on these proceedings in order for the plaintiff to secure new counsel. The plaintiff's request for an extension of the stay is granted. The stay will be extended until October 24, 2011.
SO ORDERED.
Dated: New York, New York September 22, 2011
PO Box 10047 Newark, NJ 07101 September 9, 2011 Hon. John G. Koeltl Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Courtroom 12B 09 civ. 3079 (JGK) (AJP) New York, NY 10007 — 1312 Dear Honorable Judge Koeltl:I am requesting an Emergency Four Week Extension of the STAY to secure adequate legal representation.
To date, I have received no response from Your Honor's Court regarding this request and my call to the office of your Deputy has not been returned. AS of 4:00 pm, on today, Friday, September 09, 2011, I have received no correspondence from your court. I left a message as recently as Thursday, September 8, 2011 at 3:57pm.
I am still reaching out to law firms and advocacy groups for assistance and awaiting response, guidance and or assistance with respect to my need for help to clean up this case in lieu of having no funds for retainer. The Bar Association and Legal Services still indicate there is no such assistance available for a person in my position with the type of case that I am trying to rectify.
If you will recall, upon my request when Attorney Gray was sending only portions of my file, I requested a minimum of ninety (90) days in order that I may reconstruct the file that was sent in total disarray; I am still reconstructing that file. (Documents and pictures have been forwarded to your court) It took three Motions to Return my file before all that I am aware of was returned; I am still not sure if all items have been returned to me.
I am a poor person and am trying to work within the parameters set forth by the courts. I am trying to get help with a case wrought with severe problems after of four years of very poor representation, including failing or refusing to cite all issues, request evidence and address all of aspects of this case by my previous attorney.
I know that you and all that work in your court are busy, therefore, I thank you for taking the time to review this request and I pray that this good court will yield every consideration and allow me the Emergency Four Week Extension of Time for the STAY. I thank you for your kind patience and good spirit in helping me to deal with this matter.
Exhibit