McCoy v. Wesolowski et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ANTHONY MCCOY,
Plaintiff,
-against-
GABRIEL WESOLOWSKI et al.,
Defendants.
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MEMORANDUM & ORDER
25-CV-394(EK)(ST)
ERIC KOMITEE, United States District Judge:
Anthony McCoy sues Gabriel Wesolowski, Eliza
Werkheiser, and several John Doe defendants. 	He alleges that
while he was preparing to pick up a passenger for the ride-
sharing service Lyft, defendants threw eggs at him and his car.
Compl. 9, ECF No. 1. 	While doing so, they yelled racist slurs.
Id. 	He now asserts “federal hate crime” and “discrimination”
claims, as well as state-law claims such as assault and battery.
Id. at 6, 11. 	Plaintiff’s motion to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915, ECF No. 2, is granted.
Plaintiff does not list any specific federal law under
which he wishes to proceed. 	However, the Court construes pro se
complaints liberally. 	Erickson v. Pardus, 551 U.S. 89, 94
(2007) (per curiam). 	In doing so, we construe plaintiff as
bringing federal claims under 42 U.S.C. §§ 1981 and 1985(3).
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The Clerk of the Court shall issue a summons for the
two named defendants, at the addresses plaintiff provides in
West Babylon, New York, and Saint Augustine and Melrose,
Florida. 	The United States Marshals Service is directed to
serve the summons and the complaint upon these defendants
without prepayment of fees. The Clerk of the Court shall also
send a copy of this Order to plaintiff and note the mailing on
the docket.
Plaintiff may contact the City Bar Justice Center’s
Federal Pro Se Legal Assistance Project in the Brooklyn Federal
Courthouse at (212) 382-4729 or the Hofstra Law Pro Se Clinic
located in the Central Islip Courthouse, at (631) 297-2575 to
make an appointment for free, confidential, limited-scope legal
assistance.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	February 4, 2026
Brooklyn, New York
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