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GANNAWAY v. NEW YORK STATE DIVISION OF PAROLE BOARD

United States District Court, S.D. New York


August 6, 2004.

SHAKUR COBBS GANNAWAY (DENNIS), Plaintiff,
v.
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

ORDER

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 arrangement.

  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.

  SO ORDERED.

20040806

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