Opinion
15-CV-3202 (SJF)(SIL)
07-09-2015
CHARLES MCCLENDON, Plaintiff, v. SHERIFF MICHAEL J. SPOSATO, Defendant.
ORDER
:
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.
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)). --------
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.