Escalera v. Samaritan Village Men's Shelter
- Colleen McMahon
- 1:17-cv-04691
- U.S. District Court · Southern District of New York
- 3
In Escalera v. Samaritan Village Men’s Shelter, Judge McMahon denied reconsideration of counsel, extended the amendment deadline, and denied appeal fee-waiver status.
William Escalera, Jr., whose request for reconsideration was denied but whose deadline to file an amended complaint was extended.
What happened
Escalera v. Samaritan Village Men’s Shelter concerns William Escalera, Jr.’s request for a lawyer in his civil case. He was representing himself and had been ordered to file an amended complaint addressing problems in his original pleading.
Escalera objected after the court previously denied his request for free appointed counsel. The court also had warned that failing to amend could lead to dismissal for failure to state a claim.
Judge Colleen McMahon denied reconsideration of the counsel decision, extended Escalera’s deadline to file an amended complaint by 60 days, and denied fee-waiver status for any appeal. The case was not dismissed by this order.
The detailed version
- Escalera v. Samaritan Village Men's Shelter · No. 1:17-cv-04691
- Colleen McMahon
- Dec. 18, 2019
Background
William Escalera, Jr. was proceeding without a lawyer and without paying filing fees. On September 27, 2019, the court ordered him to file an amended complaint within 60 days to address deficiencies in his original pleading. The court warned that failure to comply would result in dismissal for failure to state a claim.
On September 30, 2019, Escalera moved for pro bono counsel, meaning a lawyer provided without charge. The court denied that motion without prejudice on November 12, 2019, because it was not clear that Escalera could state a viable claim. Escalera later sent the court a letter objecting to that denial.
Rulings
The court treated Escalera’s letter as a motion for reconsideration of the denial of counsel and denied that application. The court suggested that Escalera contact the NYLAG Legal Clinic for Pro Se Litigants, which assists people representing themselves in civil lawsuits in the Southern District of New York.
The court granted Escalera an extension of time to comply with the September 27 order. It directed him to submit an amended complaint to the court’s Pro Se Intake Unit within 60 days of the order, label it “Amended Complaint,” and include docket number 17-CV-4691 (CM). The court stated that no summons would issue at that time. It further stated that, if Escalera failed to comply and could not show good cause for the failure, the complaint would be dismissed for failure to state a claim. The court stated that no further extension would be granted.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Escalera permission to proceed without paying filing fees for purposes of an appeal. This order did not itself dismiss the complaint or decide whether Escalera’s underlying claims were legally valid.
Effect of the Order
Escalera’s request for reconsideration was denied, but he received additional time to amend his complaint. The court’s conditional warning concerned a possible later dismissal if he did not comply. The order was issued by Chief United States District Judge Colleen McMahon.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.