Mark Davies, Samantha Davies, Adrienne Davies, and David Davies v. Town of Hempstead, et al.

Summary

The United States District Court for the Eastern District of New York grants the pro se plaintiffs’ renewed motions to proceed in forma pauperis and orders the United States Marshals Service to serve the summonses and complaint. The Court also invokes Valentin v. Dinkins to request assistance from relevant government and corporate counsel in identifying unnamed defendants, and denies in forma pauperis status for any appeal.

Holdings

1. The court granted plaintiffs' renewed motions to proceed in forma pauperis.
2. After screening the Complaint under 28 U.S.C. § 1915(e), the court ordered issuance and service of the summonses and signed Complaint by the United States Marshals Service.
3. The court directed the Nassau County Attorney, Hempstead Town Attorney, and General Counsel for National Grid to attempt to identify unnamed defendants and provide their names and service addresses to the court and plaintiffs.
4. The court denied IFP status for any appeal because it certified that an appeal from the Order would not be taken in good faith.

Questions Presented

1. Whether plaintiffs qualified to proceed in forma pauperis.
2. Whether the Complaint should be screened under 28 U.S.C. § 1915(e) and process issued for service.
3. Whether the district court should direct governmental and private entities to assist pro se plaintiffs in identifying unnamed defendants.
4. Whether plaintiffs should receive IFP status for an appeal from the Order.

Disposition

other