Caliste v. Williams et al

Filing 7

ORDER re: 1 Motion for Leave to Proceed in forma pauperis is GRANTED. The Clerk of the Court is directed to forward copies of the Summons, Complaint, and this Order to the USMS for service upon Defendants without prepayment of fees. Ordered by Judge Joanna Seybert on 5/29/2014. (C/M Plaintiff) (Nohs, Bonnie)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------X RAYMOND CALISTE, Plaintiff, -against- ORDER 14-CV-2573(JS)(ARL) NURSE WILLIAMS; Nassau County Corr. Fac. (“NCCF”); ARMOR CORRECTIONAL HEALTH INC.; DR. V. COLETELLION (Eye Dr. [at] NCCF); SHERIFF MICHAEL J. SPOFATO [SIC]; and COMMISSIONER JAMES FORD, Defendants. ----------------------------------X APPEARANCES For Plaintiff: Raymond Caliste, pro se 59769056 Buffalo Federal Detention Facility 4250 Federal Drive Batavia, NY 14020 For Defendants: No appearances. SEYBERT, District Judge: On March 26, 2014, incarcerated pro se plaintiff Raymond Caliste (“Plaintiff”) filed a Complaint in the Southern District of New York pursuant to 42 U.S.C. § 1983 (“Section 1983”) against Nurse Williams, the Nassau County Correctional Facility (the “Nassau Jail”), Armor Correctional Health, Inc. (“Armor”), Dr. V. Coletellion, eye doctor at the Nassau Jail (“Dr. Coletellion”), Sheriff Michael J. Spofato (“Sheriff Sposato”), Commissioner James Ford (“Comm. Ford” and collectively, “Defendants”), accompanied by an application to proceed in forma pauperis. By Transfer Order dated April 21, 2014, Plaintiff’s case was transferred from the Southern District of New York to this Court. See April 21, 2014 Transfer Order, Preska, C.J. [Docket Entry 3]. Upon review of the declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff’s financial status qualifies him to commence this action without prepayment of the filing fee. 1915(a)(1). See 28 U.S.C. §§ 1914(a); Therefore, Plaintiff’s request to proceed in forma pauperis is GRANTED. The Clerk of the Court is directed to forward copies of the Summonses, Complaint, and this Order to the United States Marshal Service for service upon the Defendants without prepayment of fees, and to serve notice of entry of this Order in accordance with Rule 77(d)(1) of the Federal Rules of Civil Procedure by mailing a copy of this Order to the pro se Plaintiff at his last known address. See FED. R. CIV. P. 5(b)(2)(C). SO ORDERED. /s/ JOANNA SEYBERT Joanna Seybert, U.S.D.J. Dated: May 29 , 2014 Central Islip, New York

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