Sacks v. Shop Rite Supermarkets

Filing 5

MEMORANDUM & ORDER: The Court grants Plaintiff's Motion for Leave to Proceed in forma pauperis 2 and denies Plaintiff's Motion for the appointment of pro bono counsel 3 . For the reasons set forth in the attached Order, Plaintiff 's ADEA claim is dismissed and Plaintiff is directed to file an affirmation within thirty (30) days of the date of this Order as to why his Title VII discrimination claims should not be dismissed as time-barred. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis is denied for purpose of an appeal. Ordered by Judge Pamela K. Chen on 5/21/2015. (Attachments: # 1 Affidavit Form for Plaintiff's Affirmation) (Chiang, May)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------X AARON DAVID SACKS, Plaintiff, PLAINTIFF’S AFFIRMATION - against - Case No. 15 CV 2469 (PKC) SHOPRITE SUPERMARKETS, Defendants. -------------------------------------------------------X STATE OF ____________ } COUNTY OF __________ } SS: AARON DAVID SACKS makes the following affirmation under the penalties of perjury: I am the plaintiff in this action and I respectfully submit this affirmation in response to the Court’s order dated ______________. The instant complaint should not be time-barred by the 300-day period of limitations because: 1 [YOU MAY ATTACH ADDITIONAL PAGES, IF NECESSARY] In view of the foregoing, it is respectfully submitted that the instant complaint should be permitted to proceed. DATED: ______________ ____________________________ Signature _____________________________ Address _____________________________ City, State & Zip Code 2

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