United States District Court, S.D. New York
August 6, 2004.
SHAKUR COBBS GANNAWAY (DENNIS), Plaintiff,
THE NEW YORK STATE DIVISION OF PAROLE BOARD OF THE BRONX, et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
The Court is in receipt of a letter from plaintiff in which he
seeks an extension of time, presumably the time within which to
serve process, in order to find the defendants; appointment of
counsel in this matter; and appointment of counsel to pursue
action related to the alleged wrongful death of his father.
Insofar as plaintiff seeks appointment of counsel in this case,
his prior application was denied without prejudice on May 13,
2004. There has been no showing of changed circumstances
warranting a different result now.
Insofar as plaintiff seeks appointment of counsel to bring an
action for the allegedly wrongful death of his father, the
application is denied. If there is a serious basis for bringing
such an action, plaintiff doubtless will be able to find an
attorney willing to handle the case on a contingent fee
Inasmuch as this action has been pending for about a year and
plaintiff appears to have made no effort to serve process, he has
little basis for seeking an extension. In the interest of
justice, however, the time within which to serve the defendants
and file proof thereof is extended to and including September 28,
2004. If proof of service is not filed by that date, the action
will be dismissed.
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