Clinton v. Community Market

Filing 5

ORDER re: 2 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk of the Court shall forward the Summons, Complaint, and this Order to the USMS and the USMS shall serve the Defendant. Ordered by Judge Joanna Seybert on 5/12/2014. (C/M Plaintiff) (Nohs, Bonnie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------X AYESHA CLINTON, Plaintiff, -against- ORDER 14-CV-2350(JS)(AKT) COMMUNITY MARKET, Defendant. -----------------------------------X APPEARANCES: For Plaintiff: Ayesha Clinton, pro se 61 East Greenwich Avenue Roosevelt, NY 11575 For Defendant: No appearance SEYBERT, District Judge: On April 10, 2014, pro se plaintiff Ayesha Clinton (“Plaintiff”) filed a Complaint pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”), as codified, 42 U.S.C. §§ 2000e to 2000e-17, against Community Market (“Defendant”) alleging that Defendant discriminated against her on the basis of her race and color. Plaintiff’s Complaint is accompanied by an application to proceed in forma pauperis. Upon review of Plaintiff’s declaration in support of her application to proceed in forma pauperis, the Court finds that Plaintiff’s financial status qualifies her to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1). Accordingly, Plaintiff’s application to proceed in forma pauperis is GRANTED and the Court ORDERS service of the Complaint by the United States Marshal Service (“USMS”) without prepayment of the filing fee. The Clerk of the Court shall forward the Summons, the Complaint, and this Order to the USMS and the USMS shall serve the Defendant. 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). The Clerk of the Court is further directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. Dated: May 12 , 2014 Central Islip, New York /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J.

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