Harvin v. Sposato et al

Filing 7

MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; granting 6 Motion to Stay. SO ORDERED that is marked off the Court's calendar and is administratively closed without prejudice and with leave to restore on ten (1 0) days notice, and in no event later than August 1, 2015. The Clerk of the Court shall, pursuant to Rule 77(d)(l) of the Federal Rules of Civil Procedure, serve notice of entry of this Order upon plaintiff in accordance with Rule S(b) of the Federal Rules of Civil Procedure. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/30/2014. (Florio, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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CLEARTHUR HARVIN, CC# 13004987,
Plaintiff,
MEMORANDUM & ORDER
14-CV-3814(SJF)(ARL)

-againstUNDERSHERIFF OF NASSAU COUNTY
MICHAEL J. SPOSATO, ARMOR MENTAL
HEALTH DEPT., Nassau County Correctional
Center, and DOCTOR MANETTI of the Mental
Health Dept. at Nassau County Correctional
Center,
Defendants.

FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D N y

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JUL 3 0 2014
LONe : '::

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<> OFFICE

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FEUERSTEIN, District Judge:

On June 26, 2014, incarcerated pro se plaintiff Clearthur Harvin ("plaintiff') filed a
complaint in this Court pursuant to 42 U.S.C. § 1983 ("Section 1983") against Nassau County
"Undersheriff' Michael J. Sposato ("Sheriff Sposato"), the "Armor Mental Health Dept." of
Nassau County Correctional Center ("Armor"), and Doctor Manetti of the Mental Health
Department at Nassau County Correctional Center ("Dr. Manetti") (together, "defendants"),
accompanied by an application to proceed in forma pauperis. [Docket Entry Nos. 1-2]. Upon
review of the declaration in support of the application to proceed in forma pauperis, the Court
finds that plaintiffs financial status qualifies him to commence this action without prepayment
of the filing fee. See 28 U.S.C. §§ 1914(a); 1915(a)(l). Therefore, plaintiffs request to proceed

in forma pauperis is granted.
On July 29, 2014, plaintiff filed a letter motion requesting to "'delay' moving forward
with [his] civil complaint." [Docket Entry No.6]. This application is granted insofar as this case

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is marked off the Court's calendar and is administratively closed without prejudice and with
leave to restore on ten (10) days notice, and in no event later than August I, 2015.
The Clerk of the Court shall, pursuant to Rule 77(d)(l) of the Federal Rules of Civil
Procedure, serve notice of entry of this Order upon plaintiff in accordance with Rule S(b) of the
Federal Rules of Civil Procedure.
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge
Dated: July 30,2014
Central Islip, New York