Hernandez v. Pilgrim Psychiatric Center et al
| Ernesto Hernandez |
| Maria Coyne and Pilgrim Psychiatric Center |
| 2:2015cv06430 |
| November 10, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Anne Y. Shields |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| None |
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Filing
6
ORDER denying 2 Motion for Leave to Proceed in forma pauperis. Given plaintiff's financial position as set forth in his declaration, his motion to proceed in forma pauperis is denied, and he is directed to pay the $400.00 filing fee with in two (2) weeks of the date of this Order or this action will be dismissed without prejudice. In addition, the complaint alleges that Coyne acted as the coordinator of plaintiffs team. See Complaint 8. It is clear, however, that Title VII does not create liability in individual supervisors and co-workers who are not the plaintiff[s] actual employers. Raspardo v. Carlone, 770 F.3d 97, 113 (2d Cir. 2014); see also Wrighten v. Giowski, 232 F.3d 119, 120 (2d Cir. 2000) (per curiam) (noting that in dividuals are not subject to liability under Title VII). Accordingly, plaintiffs claim against Coyne is not plausible as a matter of law and is dismissed. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order wou ld 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 the Court is directed to mail a copy of this Order to the pro se plaintiff. CM to pro se plaintiff. Ordered by Judge Sandra J. Feuerstein on 4/14/2016. (Florio, Lisa)
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