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Maurice Seymore v. City of New York et al

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


November 16, 2012

MAURICE SEYMORE,
PLAINTIFF, -
v.
CITY OF NEW YORK ET AL.,
DEFENDANT.

The opinion of the court was delivered by: John G. Koeltl, District Judge:

MEMORANDUM OPINION AND ORDER

The plaintiff's time to file his Second Amended Complaint shall be extended until January 18, 2013. The time for all defendants to move or answer the plaintiff's Second Amended Complaint is stayed until March 1, 2013.

The petitioner has also moved for the appointment of pro bono 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 civil litigant under 28 U.S.C. § 1915. See Hodge v. Police Officers, 802 F.2d 58, 61-62 (2d Cir. 1986). For the Court to order the appointment of counsel, the petitioner must, as a threshold matter, demonstrate that his claim has substance or a likelihood of success on the merits. See Hodge, 802 F.2d at 60-61. Only then can the Court consider the other factors appropriate to determination of whether counsel should be appointed: "plaintiff's ability to

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