Southerland v. Bragg

District Court, S.D. New York

Southerland v. Bragg

Trial Court Opinion

SHAWN SOUTHERLAND iWie 516654E/739978 |-Right-3-171/E.J.S.P. 1100 WOODBRIDGE ROAD | JAN 3 200s | □ LOCK BAG R.. RAHWAY, N.J. 07065 PRO SE OFFICE

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SHAWN SOUTHERLAND, : C.V. No. Plaintiff, : MOTION TO PROCEED : IN FORMA PAUPERIS FOR V. : SERVICE OF SUMMONS : AND COMPLAINT ALVIN L. BRAGG, JR., NEW YORK COUNTY DISTRICT MEMORANDUM ENDORSED ATTORNEY, : Defendant’s, et. al., :

TO: OFFICE OF THE CLERK UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK 500 PEARL STREET NEW YORK, N.Y. 10007 PLEASE TAKE NOTICE, that upon the annexed affidavit of Shawn Southerland, Plaintiff, pro se, shall move before this Honorable Court, the United States District Court for the Southern District of New York, located at 500 Pearl Street, New York, N.Y., on the / Ye □□□ day of Leltvond 2025 at 9:30 a.m., in the forenoon of that day, or as soon thereafter, for an Order: Granting plaintiff permission to proceed as an indigent for

the purpose of serving the enclosed summons and complaint. Plaintiff has paid the full filing fee, however, is an indigent incarcerated person; and cannot afford to pay the costs, fees, or expenses to effect personal service upon the Defendants. Plaintiff shall rely upon the attached in forma pauperis affidavit, along with his six- month incarcerated person statement. Respectfully, submitted, pt . — SE Se SHAWN SOUTHERLAND 516654E/739978 4-U-5-30/E.J.S.P. 1100 WOODBRIDGE ROAD LOCK BAG R RAHWAY, N.J. 07065

A federal court has already ruled that plaintiff is barred from proceeding in forma pauperis under

28 U.S.C. § 1915

(g). See Southerland v. Lopez, No. 1:21-CV-1409-CC,

2021 WL 1218982

. (N.D. Ga. May 7, 2021). Under the doctrine of collateral estoppel that ruling prevents plaintiff from contending that he is entitled to proceed in forma pauperis here. Accordingly, the application to proceed in forma pauperis is denied. Dated: So Ordered. Rahway, N.J. 07065 Q Ob we les BRIEL W. RENSTEIN United States Magistrate Judge March 18, 2025

Reference

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