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18-1469 - Massey v. Suffolk County Riverhead Jail et al


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18-1469 - Massey v. Suffolk County Riverhead Jail et al
June 6, 2018
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MEMORANDUM & ORDER granting 6 Motion for Leave to Proceed in forma pauperis; denying 8 Motion to Appoint Counsel; denying 10 Motion to Appoint Counsel; For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED, (Docket Entry 6), however the Complaint is sua sponte DISMISSED WITH PREJUDICE for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii), 1915A(b)(1). Given the dismissal, Plaintiff's applications for the appointment of pro bono counsel to represent him in this case are DENIED as they are now moot, (Docket Entries 8 and 10). 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 Memorandum and Order to the pro se Plaintiff and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 6/6/2018. C/M (Valle, Christine)