Tafolla v. S.C.D.A.O et al

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 Summonses, the Complaint, and this Order to the USMS and the USMS shall serve Defendants. 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. 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 10/13/2017. C/M (Valle, Christine)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------X KIM L. TAFOLLA, pro se, Plaintiff, -against- ORDER 17-CV-4897(JS)(AKT) SUFFOLK COUNTY DISTRICT ATTORNEYS OFFICE, S.C.D.A.O. (SIB), THOMAS SPOTA, EDWARD HEILIG, and JOSEPH CARROLL, Defendants. -----------------------------------X APPEARANCES: For Plaintiff: Kim L. Tafolla, pro se 3 Jay Road Centereach, NY 11720 For Defendants: No appearance. SEYBERT, District Judge: On August 21, 2017, pro se plaintiff Kim L. Tafolla (“Plaintiff”) filed a Complaint pursuant to the Americans with Disabilities Act of 1990 (“ADA”), as codified, 42 U.S.C. §§ 12112 to 12117, as well as other applicable federal, state, and local anti-discrimination statutes. 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 her 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 Summonses, the Complaint, and this Order to the USMS and the USMS shall serve Defendants. 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: October 13 , 2017 Central Islip, New York

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