Jefferson v. Conye et al

Filing 6

MEMORANDUM AND ORDER TO SHOW CAUSE granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's request to proceed in forma pauperis is GRANTED. The Court hereby ORDERS Defendants to SHOW CAUSE at a hearing before the undersigne d on May 3, 2013 at 2:00PM in Courtroom 1030 why an order should not be entered: Granting Plaintiff's request for a preliminary injunction; Imposing sanctions against Suffolk County for failing to comply with the Court's preliminary inj unction in case number 12-CV-1334, which barred Suffolk County and the Suffolk County Police Department from, inter alia, "arresting, threatening or attempting to arrest, anyone for loitering, remaining, or wandering about for the purpose of begging," Jefferson, 869 F. Supp. 2d at 319; and Consolidating this action with case number 12-CV-1334, which remains pending before the undersigned. The Clerk of the Court is directed to forward to the United States Marshal for the Eastern D istrict of New York copies of Plaintiff's Summons and Complaint, his application for a preliminary injunction including the proposed order to show cause and affidavit in support, and this Order for EXPEDITED PERSONAL SERVICE upon Defendants wit hout prepayment of fees. Service shall be completed on or before May 1, 2013. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to Show Cause to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 4/24/2013. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
---------------------------------------X
KEVIN L. JEFFERSON,
Plaintiff,

MEMORANDUM & ORDER
TO SHOW CAUSE
13-CV-2454(JS)(ARL)

-againstPOLICE OFFICER CONYE, EDWARD WEBBER,
SUFFOLK COUNTY POLICE DEPARTMENT,
COUNTY OF SUFFOLK,

Defendants.
---------------------------------------X
APPEARANCES
For Plaintiff:
Kevin L. Jefferson, pro se
17 Garfield Street
Bayshore, NY 11706
For Defendants:

No appearances.

SEYBERT, District Judge:
Plaintiff Kevin L. Jefferson commenced this action pro
se on April 23, 2013 pursuant to 42 U.S.C. § 1983 asserting
claims against Police Officer Conye, Edward Webber, the Suffolk
County

Police

(“Defendants”)

Department,
arising

out

and
of

the

their

County

purported

of

Suffolk

violation

of

Plaintiff’s rights under the First Amendment and their violation
of a Preliminary Injunction entered by this Court on April 23,
2012 in case number 12-CV-1334(JS)(ARL), see Jefferson v. Doe,
869 F. Supp. 2d 312 (E.D.N.Y. 2012).

Plaintiff simultaneously

filed an application to proceed in forma pauperis and a motion
for a preliminary injunction.

Upon

review

of

the

declaration

in

support

of

the

application to proceed in forma pauperis, the Court determines
that Plaintiff’s financial status qualifies him to commence this
action without prepayment of the $350 filing fee.
§§

1914(a);

1915(a)(1).

Therefore

See 28 U.S.C.

Plaintiff’s

request

to

proceed in forma pauperis is GRANTED.
The Court hereby ORDERS Defendants to SHOW CAUSE at a
hearing

before

the

undersigned

on

May

3,

2013

at

2:00PM

in

Courtroom 1030 why an order should not be entered:
(1)

Granting Plaintiff’s
injunction;

request

for

a

preliminary

(2)

Imposing sanctions against Suffolk County for
failing to comply with the Court’s preliminary
injunction in case number 12-CV-1334, which barred
Suffolk County and the Suffolk County Police
Department from, inter alia, “arresting, threatening
or attempting to arrest, anyone for loitering,
remaining, or wandering about for the purpose of
begging,” Jefferson, 869 F. Supp. 2d at 319; and

(3) Consolidating this action with case number 12-CV1334, which remains pending before the undersigned.
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 and Complaint, his application for
a preliminary injunction including the proposed order to show
cause and affidavit in support, and this Order for EXPEDITED

2

PERSONAL

SERVICE

upon

Defendants

without

prepayment

of

fees.

Service shall be completed on or before May 1, 2013.
The Clerk of the Court is further directed to mail a
copy of this Memorandum and Order to Show Cause to the pro se
Plaintiff.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

April
24 , 2013
Central Islip, NY

3