Butler v. Suffolk County et al

Filing 7

MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis. SO ORDERED that the application to proceed in forma pauperis is GRANTED and the Court orders service of the Complaint without prepayment of the filing fee. The Clerk of t he Court is directed to forward to the United States Marshal for the Eastern District of New York copies of Plaintiffs Summons, Complaint, and this Order for service upon the Defts without prepayment of fees. Furthermore, the Clerk is directed to mail a copy of this Order to the Plaintiff. CM to pro se plaintiff. Ordered by Judge Joanna Seybert on 9/19/2012. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
MACK BUTLER,
Plaintiff,
MEMORANDUM AND ORDER
12-CV-3917(JS)(GRB)

-against-

FILED 
CLERK 

9/19/2012 3:10 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

SUFFOLK COUNTY SHERIFF VINCENT
R. DEMARCO, JOSEPH T. CARACAPPA,
JOHN P. MEYERRICKS, in their
Individual and official capacity,

Defendants.
----------------------------------X
APPEARANCES:
For Plaintiff:
Mack Butler, Pro Se
#217709
Nassau County Correctional Center
100 Carman Ave.
East Meadow, NY 11554
For Defendants:

No appearance

SEYBERT, District Judge:
Presently

pending

before

the

Court

is

the

pro

se

Complaint brought by incarcerated pro se plaintiff Mack Butler
(“Plaintiff”) pursuant to 42 U.S.C. § 1983 (“Section 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 Plaintiff’s
financial status qualifies him to commence this action without
prepayment of the $350.00 filing fee.
1915(a)(1).

See 28 U.S.C. §§ 1914(a);

Therefore, Plaintiff’s request to proceed in forma

pauperis is GRANTED.
Having reviewed the pro se Complaint, the undersigned
declines to conclude at this stage that the within action is

frivolous or malicious within the meaning of 28 U.S.C. § 1915.
While it may be that Plaintiff is unable to prevail on his claim,
the Court’s uncertainty does not justify dismissal at this early
juncture. 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 of the filing fee.
The Clerk of the Court is directed to forward to the
United States Marshal for the Eastern District of New York copies
of Plaintiff’s 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.
SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: September
19 , 2012
Central Islip, New York