Washington v. Sposato et al

Filing 8

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Plaintiff's request to proceed in forma pauperis is GRANTED. The Clerk of the Court shall consolidate the above-captioned case under the first filed case, 12-CV-1452(JS)(SIL) a nd shall CLOSE the case with docket number 15-CV-1251(JS)(SIL). Any further filings shall be made under docket number 12-CV-1452(JS)(SIL). 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 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. So Ordered by Judge Joanna Seybert on 7/30/2015. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
JEROME WASHINGTON,
Plaintiff,

ORDER
15-CV-1251(JS)(SIL)

-againstSHERIFF MICHAEL SPOSATO,
SGT. SIMPSON, C.O. COUGHLIN,
and C.O. MICHAEL ADAMS,

Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Jerome Washington, pro se
2182 Mona Lisa Drive
Montgomery, AL 36111
For Defendants:

No appearances.

SEYBERT, District Judge:
Pro

se

plaintiff

Jerome

Washington

(“Plaintiff”)

commenced the instant civil rights action against Nassau County
Sheriff Michael Sposato, Sgt. Simpson, C.O. Coughlin, and C.O.
Michael Adams (collectively, “Defendants”), pursuant to 42 U.S.C.
§ 1983 (“Section 1983”).

Plaintiff’s Complaint is accompanied by

an application to proceed in forma pauperis.
Upon review of Plaintiff’s declaration in support of his
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 fees. See 28 U.S.C. § 1915(a)(1).
Therefore, Plaintiff’s request to proceed in forma pauperis is
GRANTED.
The Court further finds that because the parties, claims,

and issues in the instant Complaint are already before the Court in
Plaintiff’s earlier cases as consolidated under docket number 12CV-1452(JS)(SIL), consolidation is appropriate pursuant to Federal
Rule of Civil Procedure 42.

Both actions involve common questions

of law and fact, and consolidation would serve the interests of
judicial economy and would avoid unnecessary costs or delay.
“The Second Circuit has long adhered to the first-filed
doctrine

in

deciding

which

case

to

dismiss

where

there

are

competing litigations. Where there are two competing lawsuits, the
first suit should have priority, . . . .”

Kellen Co. v. Caphalon

Corp., 54 F. Supp. 2d 218, 221 (S.D.N.Y. 1999) (internal quotation
marks, alterations, and citations omitted); see also Adam v.
Jacobs, 950 F.2d 89, 92 (2d Cir. 1991).

Accordingly, the Clerk of

the Court shall consolidate the above-captioned case under the
first filed case, 12-CV-1452(JS)(SIL) and shall CLOSE the case with
docket number 15-CV-1251(JS)(SIL).

Any further filings shall be

made under docket number 12-CV-1452(JS)(SIL).

[BOTTOM OF PAGE INTENTIONALLY LEFT BLANK]

2

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 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:

July
30 , 2015
Central Islip, New York

3