Opinion
1:21-CV-8389 (JPO)
12-01-2021
NIGEL FREDRICKS, Plaintiff, v. CORRECTION OFFICER JOHN DOE; CORRECTION OFFICER JOHN DOE; CORRECTION OFFICER JOHN DOE; CAPTAIN OFFICER JANE DOE; MEDICAL PROFESSIONAL DOCTOR JOHN DOE, Defendants.
VALENTIN ORDER
J. PAUL OETKEN, United States District Judge:
Plaintiff, currently held in the George R. Vierno Center (“GRVC”) on Rikers Island, brings this pro se action against unidentified “John Doe” and “Jane Doe” GRVC correction and medical staff members, seeking damages. The Court construes Plaintiff's complaint as asserting claims under 42 U.S.C. § 1983 and under state law.
By order dated November 29, 2021, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis (IFP). For the reasons set forth below, the Court directs the New York City Law Department and NYC Health + Hospitals to provide to Plaintiff and the Court the identities and, if appropriate, badge numbers of the defendants.
Prisoners are not exempt from paying the full filing fee, even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(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 supplies sufficient information to permit the New York City Department of Correction (“DOC”) and NYC Health + Hospitals to identify the defendants. The defendants include: (1) those DOC correction staff members who were assigned to the GRVC on September 18, 2021, and who were present in the GRVC's 7B housing unit on that date while Plaintiff was being assaulted by other prisoners in that housing unit; (2) those DOC correction staff members who were assigned to the GRVC on September 18, 2021, and who were involved in using force against Plaintiff on that date; and (3) the physician or other health-care professional who was assigned to the GRVC's clinic on September 18, 2021, and who interviewed Plaintiff upon Plaintiff's arrival at the clinic on that date. It is therefore ordered that the New York City Law Department, which represents the DOC, as well as NYC Health + Hospitals, must ascertain the identity and, if appropriate, badge number of each defendant whom Plaintiff seeks to sue here and the address where each defendant may be served. The New York City Law Department and NYC Health + Hospitals must provide this information to Plaintiff and the Court within 60 days of the date of this order.
If a 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 a 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 or NYC Health + Hospitals must provide a residential address where the individual may be served.
Within 30 days of receiving this information, Plaintiff must file an amended complaint naming the newly identified individuals (including badge numbers, if appropriate) as 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 requesting that the defendants who are or were employees of the DOC waive service of summons, and directing service on any defendants who are or were employees of NYC Health + Hospitals.
CONCLUSION
The Court directs the New York City Law Department and NYC Health + Hospitals to provide to Plaintiff and the Court the identities and, if appropriate, badge numbers of the defendants within 60 days of the date of this order. The Court grants Plaintiff 30 days from the date he is informed of the identities and, if appropriate, badge numbers of the defendants to file an amended complaint in which he names those newly identified individuals as defendants (using both their names and badge numbers, if appropriate). An amended complaint form is attached to this order for Plaintiff's convenience.
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 IFP 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).
The Court directs the Clerk of Court to mail a copy of this order to Plaintiff, together with an information package.
The Court also directs the Clerk of Court to mail a copy of this order and the complaint to: (1) the New York City Law Department, at 100 Church Street, New York, New York 10007; and (2) NYC Health + Hospitals, at its Office of Finance and Risk Management, 55 Water Street, 18th Floor, New York, New York 10041.
SO ORDERED.