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Charles Esposito v. Patrick Donohoe

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 6, 2012

CHARLES ESPOSITO, PLAINTIFF,
v.
PATRICK DONOHOE,*FN1 POSTMASTER GENERAL, DEFENDANT

The opinion of the court was delivered by: Seybert, District Judge:

MEMORANDUM AND ORDER

Presently pending before the Court is the Complaint brought by pro se plaintiff Charles Esposito ("Plaintiff") pursuant to the Americans with Disabilities Act of 1990, as codified, 42 U.S.C. §§ 12112-12117 ("the ADA")*fn2 alleging that Patrick Donahoe, Postmaster General, ("Defendant") discriminated against the Plaintiff based on his disability. Plaintiff's Complaint is accompanied by an application to proceed in forma pauperis. Upon review of the declaration in support of the application to proceed in forma pauperis, the Court determines that the Plaintiff's financial status qualifies him to commence this action without prepayment of the $350.00 filing fee. See 28 U.S.C. §§ 1914(a); 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED.

Having reviewed the pro se Complaint, the undersigned declines to conclude at this stage that the within action is frivolous or malicious within the meaning of 28 U.S.C. § 1915. While it may be that Plaintiff is unable to prevail on his claim, the Court's uncertainty does not justify dismissal at this early juncture. McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004). Accordingly, the application to proceed in forma pauperis is GRANTED and the Court orders service of the Complaint without prepayment of the filing fee.

The Clerk of the Court is directed to forward to the United States Marshal for the Eastern District of New York copies of Plaintiff's Summons, Complaint, and this Order for service upon Defendant without prepayment of fees. Furthermore, the Clerk is directed to mail a copy of this Order to the Plaintiff.

SO ORDERED.

Joanna Seybert, U.S.D.J.


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