Opinion
21-CV-6285 (JGK)
07-27-2021
SHAQUILLE DINKINS, Plaintiff, v. C.O. REGALADO #14900; WARDEN WALKER; C.O. JHON DOE 1; C.O. JHON DOE 2; C.O. JHON DOE 3; CITY OF NEW YORK, Defendants.
ORDER OF SERVICE
JOHN G. KOELTL, United States District Judge:
The plaintiff, Shaquille Dinkins, who is currently incarcerated at Wende Correctional Facility, brings this pro se action under 42 U.S.C. § 1983, alleging that the defendants failed to protect him from a violent prisoner. By Order dated July 23, 2021, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis.
§ 1915(b)(1). Prisoners are not exempt from paying the full filing fee evert when they have been granted permission to proceed in forma pauperis. See 28 U.S.C.
A. Waiver of Service
The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Defendants Correction Officer Regalado #14900 and the City of New York waive service of summons.
B. Valentin. Order
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, the plaintiff has supplied sufficient information to permit the New York City Law Department to identify the three John Doe security team correction officers who were involved in the incident occurring on March 8, 2019, in the George R. Vierno Center on Rikers Island, Housing Area 5A. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the New York City Department of Correction, must ascertain the identity and badge number of each John 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.
If the Doe defendant is a current or former DOC employee or official, the New York City Law Department should note in the response to this Order that an electronic request for a waiver of service can be made under the e-service agreement for cases involving DOC defendants, rather than by personal service at a DOC facility. If the Doe defendant is not a current or former DOC employee or official, but otherwise works or worked at a DOC facility, the New York City Law Department must provide a residential address where the individual may be served.
Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John Doe defendants. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Plaintiff should complete 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.
The plaintiff should explain with particularity each individual defendant's involvement in the alleged constitutional violations. Failure to include allegations regarding each defendant's personal involvement in the alleged constitutional violations may result in the complaint being dismissed against those individual defendants for failure to allege personal involvement .
C. Local Rule 33.2
Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court's website under "Forms" and are titled "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." Within 120 days of the date of this Order, the defendants must serve responses to these standard discovery requests. In their responses, the defendants must quote each request verbatim.
If Plaintiff would like copies of these discovery requests before receiving the responses and does not have access to the website, Plaintiff may request them from the Pro Se Intake Unit.
CONCLUSION
The Clerk of Court is directed to notify electronically the New York City Department of Correction and the New York City Law Department of this Order. The Court requests that Correction Officer Regalado #14900 and the City of New York waive service of summons.
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 Complaint" form is attached to this Order.
The Clerk of Court is further directed to mail a copy of this Order to the plaintiff, together with an information package.
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.