Opinion
21-cv-6560 (LJL)
12-09-2021
EMMETT CALDWELL, Plaintiff, v. CITY OF NEW YORK et al., Defendants.
VALENTIN ORDER
LEWIS J. LIMAN UNITED STATES DISTRICT JUDGE
Plaintiff Emmett Caldwell (“Plaintiff”) has filed a motion seeking to serve the John Doe defendants listed in his complaint by publication because he has not been able to locate those defendants. Dkt. No. 20. The Court subsequently granted a motion for extension of time filed by defendants City of New York and New York City Board of Education, which those defendants indicated would “allow Defendants time to obtain specific information from Plaintiff that will permit the DOE to search for records relevant to him, the John Doe defendants, and investigate the allegations in the Complaint.” Dkt. No. 21 at 1.
Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff may supply sufficient information to permit the City of New York and the New York City Board of Education defendants to identify the John Doe defendants Plaintiff names in this complaint. It is therefore ordered that the City of New York Law Department, which is the attorney for the City of New York and the New York City Board of Education defendants, must ascertain the identity of each Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The New York City Law Department must provide this information to Plaintiff and the Court within sixty days of the date of this order.
Absent a showing of good cause, Plaintiff shall have thirty days after he receives this information to file an amended complaint naming the John Doe defendants. The amended complaint will replace, not supplement, the original complaint. An amendment complaint form that Plaintiff may use is attached to this Order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order asking Defendants to waive service.
Accordingly, Plaintiff's motion at Dkt. No. 20 to serve the John Doe defendants by publication is DENIED. The Clerk of Court is respectfully directed to close the motion.
The Clerk of Court is also directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, N.Y 10007. An Amended Civil Rights Complaint form is attached to this order.
The Clerk of Court is further directed to mail a copy of this order to Plaintiff.
The Court certifies under 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. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).
SO ORDERED.