Grafton et al v. Hesse et al

Filing 14

ORDER: SO ORDERED that Plaintiffs' applications to proceed in forma pauperis are GRANTED. Plaintiffs' order to show cause is denied. The Clerk of the Court is directed to forward copies of the summonses, the complaint, the Notice of Hearing dated 9/22/15, and this Order to the United States Marshal Service ("USMS") for service upon the Defts without prepayment of fees, and to mail a copy of this Order to the pro se Plaintiffs at their last known addresses. CM to pro se plaintiffs. Ordered by Judge Sandra J. Feuerstein on 9/22/2015. (Florio, Lisa)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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KENNETH GRAFTON, MICHAEL BLAYLOCK, and
BILAL HASSAN,
Plaintiffs,

ORDER
15-CV-4790(SJF)(GRB)

-againstA.D.U.S. HESSE, LT. MILLER, C/0 MARCOLINO,
C/0 RESHAD, C/0 RODRIGUEZ, C/0
MERRIWEATHER, and CPL. FIELDING,
Defendants.

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FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E 0 NY

*

:_,L,'

22 2015

LONG ISLAND OFFIC~

FEUERSTEIN, District Judge:

On August 10,2015, incarcerated prose plaintiffs Kenneth Grafton ("Grafton"), Michael
Blaylock ("Blaylock") and Bilal Hassan ("Hassan" and, with Grafton and Blaylock, "Plaintiffs")
commenced this civil rights action pursuant to 28 U.S.C. § 1983 ("Section 1983") against
Assistant Deputy Under-Sheriff Hesse, Grievance Coordinator Lt. Miller, Corrections Officers
Marcolino, Reshad, Rodriguez, and Merriweather, and Corporal Fielding (collectively,
"Defendants"). Accompanying the complaint are applications to proceed in forma pauperis
from each Plaintiff and a proposed order to show cause seeking entry of a preliminary injunction,

inter alia, "enjoining the defendants Hesse and Miller to establish a daily activity or sign-up
sheet to assist with, and accurately record the filing of inmate grievances .... " [Docket Entry
No. 8.]

However, the in forma pauperis application submitted by Grafton was incomplete.

[!d. at No.2.] Accordingly, by Notice of Deficiency dated September 3, 2015, Grafton was

instructed to complete and return the enclosed form within fourteen (14) days in order to proceed
with this case. [!d. at No. II]. On September 14, 2015, Grafton timely filed his in forma

pauperis application. [!d. at No. 13].

*

Upon review of Plaintiffs' declarations in support of their applications to proceed in
forma pauperis, Plaintiffs' financial status qualifies them to commence this action without

prepayment of the filing fees. See 28 U.S.C. § 1915(a)(l). Accordingly, Plaintiffs'
applications to proceed in forma pauperis are GRANTED. Plaintiffs' order to show cause is
denied. The Clerk of the Court is directed to forward copies of the summonses, the complaint,
the Notice of Hearing dated 9/22/15, and this Order to the United States Marshal Service
("USMS") for service upon the Defendants without prepayment of fees, and to mail a copy of
this Order to the pro se Plaintiffs at their last known addresses .

....
SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerste n
United States District Judge

Dated: September 22, 2015
Central Islip, New York

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