Escalera v. Samaritan Village Men's Shelter

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILLIAM ESCALERA, JR., Plaintiff, 17-CV-4691 (CM) -against- ORDER SAMARITAN VILLAGE MEN’S SHELTER, et al., Defendants. COLLEEN McMAHON, Chief United States District Judge: Plaintiff is proceeding in this matter pro se and in forma pauperis. On September 27, 2019, the Court directed Plaintiff to file an amended complaint within sixty days to address deficiencies in his original pleading, and informed him that failure to comply would result in an order dismissing the action for failure to state a claim. On September 30, 2019, Plaintiff filed a motion requesting pro bono counsel. Because it is not clear that Plaintiff can state a viable claim, the Court denied that motion without prejudice on November 12, 2019. Plaintiff has now written a letter to the Court objecting to the denial of his request for counsel. (ECF Doc. 27.) The Court construes the letter as seeking reconsideration of the denial of the motion for counsel. That application is denied. Plaintiff may, however, contact the NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals that assists those who are representing themselves in civil lawsuits in the Southern District of New York. A copy of a flyer with details of the clinic is included in the information package. The Court grants Plaintiff an extension of time to comply with the September 27, 2019 order to amend. Plaintiff is directed to submit an amended complaint to this Court’s Pro Se Intake Unit within sixty days of the date of this order, caption the document as an “Amended Complaint,” and label the document with docket No 17-CV-4691 (CM). No summons will issue at this time. If Plaintiff fails to comply within the time allowed, and he cannot show good cause to excuse such failure, the complaint will be dismissed for failure to state a claim upon which relief may be granted. No further extension of time will be granted. 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 in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: December 18, 2019 , New York, New York hie. Ib Wyk Chief United States District Judge

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The NYLAG Legal Clinic for Pro Se Litigants in the Southern District of New York is a free legal clinic staffed by attorneys and paralegals to assist those who Thurgood Marshall are representing themselves or planning to United States Courthouse represent themselves in civil lawsuits in the Room LL22 Southern District of New York. The clinic, 40 Centre Street which is not part of or run by the court, New York, NY 10007 assists litigants with federal civil cases (212) 659 6190 including cases involving civil rights, employment discrimination, labor law, Open weekdays social security benefits, foreclosure and tax. lO a.m.- 4 p.m. The clinic cannot assist individuals while Closed on federal and court holidays they are incarcerated, but can provide assistance to litigants once they are released from custody. To make an appointment for a The Hon. Charles L. Brieant Jr. consultation, call (212) 659-6190 or come Federal Building and Courthouse by either clinic during office hours. Please 300 Quarropas St note that a government-issued photo ID is White Plains, NY 10601 required to enter either building. (212) 659 6190 The clinic offers in-person Open Wednesday appointments only. The clinic does [2 p.m.- 4 p.m. not offer assistance over the phone Closed on federal and court holidays or by email.

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