The opinion
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UNITED STATES DISTRICT COURT u 4 curner COURT EDNY | |
EASTERN DISTRICT OF NEW YORK “* yyerew eh
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MARVIN SEABROOK, BEBOKIYN OFFIC □□
Plaintiff, ,
: MEMORANDUM ORDER □□□□
— against — : 22-CV-2112 (AMD) (CLP) |
THE CITY OF NEW YORK; POLICE ||
OFFICER JOHN DOE; POLICE OFFICER :
RICHARD ROE; POLICE OFFICER JANE
DOE AND POLICE OFFICER JUDITH ROE, °
Defendants.
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ANN M. DONNELLY, United States District Judge: |
On April 13, 2022, the pro se plaintiff filed this action alleging that he was falsely
arrested for domestic violence. (ECF No. 1.) On April 20, 2022, I granted the plaintiff's
application to proceed in forma pauperis and dismissed the complaint. I also granted the |
plaintiff leave to amend the complaint. (ECF No. 4.) On April 25, 2022, the plaintiff filed an |
amended complaint and a motion to appoint counsel. (ECF Nos. 5, 6.) On May 11, 2022, I
dismissed the amended complaint and denied the motion to appoint counsel. I also granted the
plaintiff leave to file a second amended complaint. (ECF No. 7.) On June 2, 2022, the plaintiff
filed a second amended complaint. (ECF No. 9.)
The Clerk of Court is respectfully directed to issue a summons against the City of New
- York, and the United States Marshals Service is directed to serve a copy of the summons and the |
second amended complaint on the City of New York without the prepayment of fees.
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However, the United States Marshals Service will not be able to serve the individuals □
identified as Police Officer John Doe, Police Officer Richard Roe, Police Officer Jane Doe and □
Police Officer Judith Roe without additional identifying information.
In Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Second Circuit held |
that a pro se litigant is entitled to assistance in identifying a defendant. Accordingly, within 45 | | :
days from the date of this Order, the Corporation Counsel for the City of New York (the | |
“Corporation Counsel”) should ascertain the full names of the individuals identified as Police |
Officer John Doe, Police Officer Richard Roe, Police Officer Jane Doe and Police Officer ms
Roe, and provide the addresses where these defendants can be served. The Corporation Counsel
does not need to defend or indemnify these individuals at this juncture. This Order merely i
provides a means by which the plaintiff may name and properly serve the defendants as
instructed by the Second Circuit in Valentin.
Once this information is provided, the plaintiff's second amended complaint will be |
deemed amended to reflect the full names and badge numbers of these officers, a summons will | | |
be issued and the Court will direct service on these defendants.
The case is referred to the Honorable Cheryl L. Pollak, Chief United States Magistrate |
Judge, for pretrial supervision.
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 an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
The Clerk of Court is respectfully directed to mail a copy of this Order to both the
plaintiff and the Corporation Counsel’s Special Federal Litigation Division, and also to note the
mailing on the docket.
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SO ORDERED.
s/Ann M. Donnelly
ANN M. DONNELLY
. United States District Judge | |
Dated: Brooklyn, New York | □
July 11, 2022 | |
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