McClellon v. United States

Summary

The United States District Court for the Southern District of New York extended Donte McClellon's deadline to oppose the government's motion to dismiss his FTCA and Bivens claims until December 15, 2025. The court denied his motions for appointment of pro bono counsel and for service by the U.S. Marshals Service, finding that service was moot and that he had demonstrated an ability to litigate the case pro se. The court directed the Clerk to close those motions.

Holdings

1. The court extended plaintiff's deadline to file an opposition to the government's motion to dismiss until December 15, 2025.
2. The request for Marshals Service to serve the summons and complaint was denied as moot because the United States had appeared and was defending the action.
3. The court denied plaintiff's request for pro bono counsel because he had not shown that counsel was warranted, including because he was capable of litigating the action without assistance and the court was not persuaded that his claims had substance or a likelihood of success.

Questions Presented

1. Whether plaintiff's deadline to oppose the government's motion to dismiss should be extended because of repeated transfers and delayed receipt of motion papers.
2. Whether plaintiff's request for an order directing Marshals Service to serve the summons and complaint was moot after the government appeared and defended the action.
3. Whether plaintiff demonstrated sufficient merit, ability, or need to justify a request for pro bono counsel under 28 U.S.C. § 1915(e)(1).

Disposition

other