Parks v. Office of Temporary Disability Assistance, No. 1:2009cv03079 - Document 55 (S.D.N.Y. 2011)
Court Description: MEMORANDUM OPINION AND ORDER: that 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 f or 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 10/24/2011. (Signed by Judge John G. Koeltl on 9/22/2011) (ft)
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USOC SONY DOCUMENT ELECTRONICALLY FILED DOC# UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DATE FILED: . I rla:?}/} STEPHANIE PARKS, 09 civ. 3079 (JGK) Plaintiff, MEMORANDUM OPINION AND ORDER - against NY STATE OFFICE OF TEMPORARY DISABILITY AND ASSISTANCE, Defendant. JOHN G. KOELTL, District Judge: 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. 58, 61-62 (2d Cir. 1986). See Hodge v. Police Officers, 802 F.2d 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./I 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~ 2011 ohn G. Koe1tl Judge 2 , PO Box 10047 r' Newark, NJ 07101 September 9,2011 Hon. John G. Koeltl Daniel Patrick Moynihan United States Cowthouse 500 Pearl Street, Courtroom 12B· New York, NY 10007 - 1312 09 civ. 3079 (JGK) (AJP) 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 LeBal 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 aD 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 eite 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. o ~(~~llW~rrJ SEP "3 2011 lWi Stephanie L. Parks No. 09 civ. 3079 (347) 661- 2227 PRO Sf OFfiCE I I I I UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STi!Tp~/e PtfRK6 _ RECE!\~EO._._ "'~\>'Y F'F'~ ;::L :- " ;Ct 1UH 1tA/;(jTIt:.!= 2011 n the space above enter the full name{s) ofthe p/aintijJ(s)/petitioner(s).) - 0 ' SEP -'1 P q: 3b. SEP 13 P~1 3: 4~ S DISTRICT COURT SONY O'ln. '? rV' JA rl .Q G- CIv,fJ072 ~ 'ItJD -againstAPPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL (In the space above enter the full name(s) ofthe defendant(s)lrespondent(s).) I, 5 %p~/G'"" P..4£A::: '!:J , (print or type your name) am a party in this case and cannot afford an attorney. I ask the Court to request pro bono counsel to represent me in this action. I understand that even if the Court grants this application, I will receive pro bono counsel only if an attorney through Court's Pro Bono Program volunteers to take my case and that there is no guarantee that an attorney will volunteer to represent me. 1. In support ofmy application, I provide the following information: (Use additional paper if necessary.) A. Have you asked the Court to request pro bono counsel in this case before? If yes, when were your prior applications filed and what has changed in the status of your case since you last asked the Court to request pro bono counsel? AlOI -----------------------_ _ .. B. Requests for pro bono counsel are rarely granted at the early stages of a case and usually not before the Court has issued a decision on the merits of the case. What has happened in your case that demonstrates the potential merit of your case? .:J lJ)@ f)DOllUf ~ret) ti)~ fl7tY~ '.Of e- .eo&.<J;;;r. ~ ~~ 6~ ~.tHtBZJ _ _ _'1§1 ~eu~ .. J.IlP; A .,7, ~ 1!ot..GD ~MtlJ~ c,1L{!y @77l>.~4~t1 (PI!. ~.s6Z) ~ TlI-lf: HOJEilj a:: Ci.tJqa ~ S'~ ~,.., ,()O 7l) ~t? ,...,~ OAJr:r/~ W/Lq~c.- ?l,) ~J ~ ~ ~ '7J+er ~G'S:6 ?hI1-S Cfi-.s6 i:5 L.XX.J );J (i)1m:e;oT .II O'CJ~IJ - 7Z> /ro~o·- ~i..Jb-?.~ ~ E j ~W why you need an attorney in this case. "\ ~1?XJ&jf ~T5D rtOlj /l()t311V Ce1fki. W/ffJ SfP 9.-1@4 sf7;.1'5 n> ~C:::::£"l r;)Q£Xo:r;r Ot;;p:JS ITJOi~..s) . ~~e 1C/9?l.- 7llJl.6'4?~~~"~ -, ~16lU/..tJ~ /hEtue- ttP,j We. tlnU!F f'j)() (j!t}(.!OOJfflO,0 OM H'I/')u:J - ~()G):) 7D /f?'IL! "fL!.k1 .uJ1fD STJ{L: 'fl.eFqs,6£) wi sy U- ?D 0(M. H 6$ CJi!$o. Explain what steps you have taken to find an attorney and with what results. (Please identify the lawyers, law firms or legal clinics you have contacted and their responses to your requests. Ifyou have limited access to the telephone, mail, or other communication methods, or ifyou otherwise have had difficulty contacting attorneys, please explain.) ).Jy~ 3.o.R-A-SsaG - JIJO Ai;~'f"Z:..( ¢ ..<N~( ¢ jt(Jr frt;-D·~P/· ~ CAae tefJ:,ft(.. 'S l.J<CO /AJy:-" AJI -=;;.J;>lJ ~. 14-o1h' <.... 7tJ I:)..e..tr. ).)0 L.IJW 'f(;if5 D. ~:J:J ~ ~ rp-'lDF~>Ors.,:;o,.... (j, u'o~~ H-tn.P /12e$:;1lt:)~~63 ~ ltAiAOJ ) J A<..K.. 7UCJU..J tsr - S rift'-£. J:;,/U1 - ~eo '70 ~,.p.;.-')Qc.,' A--f1Zt W/'-/. StP:f>t:rr.,· £Ctl5.501j,?20~J notCO -72...E1:.?f.) ~ 'P'Zz> ~ .....::»O~'£ ere- - ~ "-'c::>r~~ ~ur t/vlX#£i' hi£, ~rr..""""""E. If you need an attorney who speaks a language other than English, state what as ,': Am. language(s) you speak: 2. In further support of my applicatio~ I declare that (check appropriate box): o I have previously filed a Request to Proceed In F Omla Pauperis in this case, and it is a true and correct representation of my current financial status. I have not previously filed a Request to Proceed In Forma Pauperis in this case, D and now attach an original Request to Proceed In Forma Pauperis detailing my financial status. o I have previously filed a Request to Proceed In Forma Pauperis in this case, however, my financial status has changed. I have attached another Request to Proceed In Forma Pauperis showing my current financial status. 3. I understand that if an attorney volunteers to represent me and that attorney learns that I can afford to pay for an attorney, the attorney may give this infonnation to the Court. 4. I understand that if my answers on this application are false, my case may be dismissed. 5. I declare under penalty of perjury that the foregoing is true and correct. Dated: O'1ftY;/fJll. ~ Rev. 4/2011 ~---~ ~ture /
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