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).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------X MICHAEL P. ALARCON, Plaintiff, ORDER 13-CV-651 (RRM)(ETB) - against NASSAU COUNTY DEPARTMENT, PARKS, RECREATION AND MUSEUM, Defendants. -----------------------------------------------------------X 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

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