Alarcon v. Nassau County parks and Recreation Museums

Filing 6

ORDER granting 3 Motion for Leave to Proceed in forma pauperis; denying 2 Motion to Appoint Counsel and DIRECTING USMS TO SERVE THE SUMMONS AND COMPLAINT: See attached written Order. The Clerk of Court is directed to mail a copy of this Order to plaintiff. Ordered by Judge Roslynn R. Mauskopf on 2/28/2013. (Mauskopf, Roslynn) Modified on 3/1/2013 (Marziliano, August).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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MICHAEL P. ALARCON,
Plaintiff,

ORDER
13-CV-651 (RRM)(ETB)

- against NASSAU COUNTY DEPARTMENT, PARKS,
RECREATION AND MUSEUM,
Defendants.
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ROSLYNN R. MAUSKOPF, United States District Judge:

On January 30, 2013, plaintiff filed this in forma pauperis complaint pro se alleging
employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to
2000e-17, the Age Discrimination and Employment Act of 1967, 29 U.S.C. §§ 621-634 and the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12112-12117. Plaintiff’s application to
proceed in forma pauperis under 28 U.S.C. § 1915 is hereby granted.
By letter filed with the Court on January 30, 2013, plaintiff also requests pro bono counsel
pursuant to 28 U.S.C. § 1915(e).

Plaintiff’s request is denied.

In considering requests for

appointment of counsel, the Court must first consider whether plaintiff’s position is “likely to be of
substance.” Ferrelli v. River Manor Health Care Center, 323 F.3d 196, 204 (2d Cir. 2003).
Plaintiff has not met the threshold requirement that his claim is “likely to be of substance” at this
juncture. Therefore, plaintiff’s request for pro bono counsel is denied without prejudice.
The United States Marshals Service is directed to serve the summons and complaint upon
the defendant without prepayment of fees. The Clerk of Court is directed to mail a copy of this
Order to plaintiff.

SO ORDERED.

Roslynn R. Mauskopf
Dated: February 28, 2013
Brooklyn, New York

_________________________________
ROSLYNN R. MAUSKOPF
United States District Judge