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LOPEZ v. NYC DEPT. OF HOUSING PRESERVATION AND DEVEL.

July 30, 2003

MARIA D. LOPEZ, PLAINTIFF,
v.
NYC DEPT. OF HOUSING PRESERVATION AND DEVELOPMENT, DEFENDANT.



The opinion of the court was delivered by: Lewis Kaplan, District Judge.

ORDER

Plaintiff in this pro se Title VII case moves [docket item 3] for appointment of counsel.

A principal consideration in passing on such motions is the apparent merit, or lack thereof, of the complaint. The amended complaint in this case alleges that plaintiff was issued a right to sue letter on April 12, 2002. The complaint was not filed until November 25, 2002. Accordingly, the complaint reveals that the action is subject to a defense of the statute of limitations. Moreover, the named defendant is not a legal entity subject to suit, as it is merely a department of the City of New York. It therefore appears that plaintiff has no prospect of success here.

The motion for appointment of counsel is denied.

SO ORDERED.

20030730

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