McClendon v. Sposato

Filing 10

ORDER: SO ORDERED that this action shall proceed in accordance with the Order of Consolidation, a copy of which is annexed hereto. Since plaintiffs financial status, as set forth in his declaration in support of the application to proceed in forma pa uperis, qualifies him to file the complaint without prepayment of the filing fees, see 28 U.S.C. § 1915(a)(1), the application to proceed in forma pauperis is granted. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal f rom this Order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. The Clerk of Court is directed to mail a copy of this Order and the Order of Consolidation to the pro se plaintiff at his last known address. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 7/9/2015. (Attachments: # 1 order of consolidation) (Florio, Lisa)

FILED 
CLERK 

7/9/2015 2:23 pm

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
CHARLES MCCLENDON,
Plaintiff,

ORDER
15-CV-3202 (SJF)(SIL)

-againstSHERIFF MICHAEL J. SPOSATO,
Defendant.
--------------------------------------------------------------X
FEUERSTEIN, District Judge:

Pursuant to the Court’s May 20, 2013 Order of Consolidation, the Court has reviewed the
instant complaint and finds that it relates to the subject matter of the Consolidated Action, Henrius,
et al. v. Nassau County, et al., 13-CV-1192 (SJF)(SIL). Accordingly, this action shall proceed in
accordance with the Order of Consolidation, a copy of which is annexed hereto. Since plaintiff’s
financial status, as set forth in his declaration in support of the application to proceed in forma
pauperis, qualifies him to file the complaint without prepayment of the filing fees, see 28 U.S.C. §
1915(a)(1), the application to proceed in forma pauperis is granted.1
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 Court is directed to mail a copy of this Order and the Order of Consolidation
to the pro se plaintiff at his last known address.
Dated:

July 9, 2015
Central Islip, New York

SO ORDERED.
/s/
Sandra J. Feuerstein, U.S.D.J.

1

Annexed to the complaint is a two (2)-page document entitled “Class Action Addresses &
Names, Contacts,” (see Compl. at 12-13), listing the names and addresses of an additional
twenty-eight (28) inmates. However, none of those individuals have signed the complaint or
submitted applications to proceed in forma pauperis. Since plaintiff is pro se, he cannot bring a
class action. See, e.g. U.S. ex rel. Mergent Servs. v. Flaherty, 540 F.3d 89, 92 (2d Cir. 2008)
(“[A]n individual who is not licensed as an attorney may not appear on another person’s behalf in
the other’s cause.” (quotations and citation omitted)).