Wilson v. Walmart Store Inc

Filing 5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Plaintiff's application to proceed in forma pauperis is GRANTED and the Court ORDERS service of the Complaint by the United States Marshal Service without prepayment of the fil ing 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 take n in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. The Clerk of the Court is further directed to mail a copy of this Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 8/6/2015. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
RASHEEN WILSON,
Plaintiff,

ORDER
15-CV-4283(JS)(GRB)

-againstWALMART STORE INC.,

Defendant.
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APPEARANCES:
For Plaintiff:
Rasheen Wilson, pro se
100 Alabama Street
Hempstead, NY 11550
For Defendant:

No appearance

SEYBERT, District Judge:
On

July

15,

2015,

pro

se

plaintiff

Rasheen

Wilson

(“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 Walmart Store Inc. (“Defendant”) alleging that
Defendant discriminated against him on the basis of his race,
color, and national origin.

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).
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.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: August
6 , 2015
Central Islip, New York