Crump v. DeMarco et al

Filing 6

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that the Court determines that the plaintiffs financial status qualifies him to commence this action without prepayment of the $350.00 filing fee. Therefore, plaintiff s request to proceed in forma pauperis is granted. The Clerk of the Court is directed to forward to the United States Marshal for the EasternDistrict of New York copies of the summons, complaint, and this Order for service upon the defts without prep ayment of fees. Furthermore, the Clerk is directed to mail a copy of this Order to the plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. CM to pro se plaintiff on 12/9/2011. Ordered by Judge Sandra J. Feuerstein on 12/8/2011. (Glueckert, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ELIHUE C. CRUMP,

DEC 0 8 20fl

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LONG ISLAND OFFICE

Plaintiff,
ORDER
11-CV-5566 (SJF)(ARL)

-againstSHERIFF VINCENT F. DEMARCO, Individually
and his official capacity as Sheriff of Suffolk County,
JOHN DOE, Superintendent of Suffolk County Jail,
Defendants.

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FEUERSTEIN, District Judge:

Presently pending before the Court is the complaint brought by incarcerated pro se
plaintiffElihue C. Crump ("plaintiff') pursuant to 42 U.S.C. § 1983, accompanied by an
application to proceed in forma pauperis. Upon review of the declaration in support of the
application to proceed in forma pauperis, the Court determines that the plaintiffs financial status
qualifies him to commence this action without prepayment of the $350.00 filing fee. See 28
U.S.C. §§ 1914(a); 1915(a)(l). Therefore, plaintiffs request to proceed in forma pauperis is
granted.
Having reviewed the pro se complaint, the undersigned does not conclude at this stage
that the within action is frivolous or malicious within the meaning of28 U.S.C. § 1915. See
McEachin v. McGuinnis, 357 F.3d 197,200 (2d Cir. 2004). Accordingly, the application to
proceed in forma pauperis is granted and the Court orders service of the complaint without
prepayment ofthe filing fee.

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The Clerk of the Court is directed to forward to the United States Marshal for the Eastern
District ofNew York copies ofthe summons, complaint, and this Order for service upon the
defendants without prepayment of fees. Furthermore, the Clerk is directed to mail a copy of this
Order to the plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal
from this Order would not be taken in good faith and therefore in forma pauperis status is denied
for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438,444-45, 82 S. Ct.
917, 8 L. Ed. 2d 21 (1962).

SO ORDERED.

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Dated:

December 8, 2011
Central Islip, New York

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