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17-703 - Gault v. Social Security Administration Office


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17-703 - Gault v. Social Security Administration Office
May 2, 2017
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MEMORANDUM AND ORDER: Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is granted solely for purposes of this Order. For the reasons in the attached Memorandum and Order Plaintiff's claims against the Social Security Administration ("SSA") and the Supervisor of the SSA office are dismissed. 28 U.S.C. § 1915(e)(2)(B). No summons shall issue as to these Defendants. The Clerk of Court is directed to terminate these Defendants from the action. Plaintiff's claim against the two yet unidentified security guards may proceed. In accordance with Valentin v. Dinkins, 121 F.3d 72 (2d. Cir. 1997) (per curiam), the Court hereby requests that the United States Attorney's Office for the Eastern District of New York, attempt to ascertain the full names of the two security guards who allegedly assaulted Plaintiff, or whom Plaintiff allegedly assaulted on January 24, 2017, at 2:15 p.m. at the SSA office located at 2250 Nostrand Avenue, in Brooklyn; the United States Attorney's Office is also requested to provide the addresses where these individuals can be served; the government need not undertake to defend or indemnify these individuals at this juncture. The United States Attorney's Office is hereby requested to produce the information specified above regarding the identities of the John Doe security officers and their service addresses to the Court within forty-five (45) days from the date of this Order. Once the John Doe security officers have been identified, Plaintiff's complaint shall be deemed amended to reflect the full names of these individuals as defendants, summonses shall issue, and the Court shall direct service on these defendants. Finally, 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 purpose of an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 5/2/2017. (Lee, Helen)