Opinion
08 Civ. 3593 (VM) (HBP).
September 20, 2010
MEMORANDUM OPINION AND ORDER
By letter dated July 20, 2010, plaintiff seeks clarification of my Memorandum Opinion and endorsed Order, both dated June 30, 2010. Plaintiff asserts that he cannot discern whether I granted or denied his request for discovery concerning the procedures at Sing Sing Correctional Facility for escorting prisoners. As noted in the last sentence of my June 30 Memorandum Opinion and Order, "[p]laintiff's application to compel discovery is denied in all respects."
In his same letter, plaintiff also seeks an extension of time to file his second amended complaint and additional discovery to determine the identities of the "John Doe" defendants.
Plaintiff's time to file his second amended complaint is extended to November 1, 2010. Further extensions will not be granted except for unforeseeable emergencies demonstrated by affidavit October 31, 2010. Plaintiff's application for further discovery is denied. As I have previously noted, in his second amended complaint, plaintiff should describe the John Doe defendants in as much detail as possible. For example, plaintiff might describe a defendant as "John Doe No. 1, a white male, 30-40 years of age, black hair, medium build, assigned to Post ___ in the early afternoon of August 29, 2006." After meaningful descriptions are provided, I can consider with the parties how the John Doe defendants can be identified.
Dated: New York, New York
September 20, 2010
SO ORDERED