Opinion
21-CV-4720 (PGG)
12-06-2021
FERNANDO SANTANA, Plaintiff, v. JOHN DOE (1) JOHN DOE (2), Defendants.
ORDER OF SERVICE
PAUL G. GARDEPHE UNITED STATES DISTRICT JUDGE
Plaintiff, appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights. He sues two unidentified New York City Police Department (NYPD) officers. By order dated May 27, 2021, the Court granted Plaintiff 's request to proceed without prepayment of fees, that is, in forma pauperis (IFP).
Plaintiff filed the original complaint in this action on May 26, 2021. By order dated July 2, 2021, Chief Judge Laura Taylor Swain granted Plaintiff 60 days' leave to file an amended complaint. (Dkt. No. 4). Chief Judge Swain subsequently granted Plaintiff two extensions of time to file an amended complaint. (Dkt. No. 6, 9.) Plaintiff filed the amended complaint (Dkt. No. 10) on December 2, 2021.
DISCUSSION
A. 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 amended complaint, Plaintiff supplies sufficient information to permit the NYPD to identify the two John Doe NYPD officers stationed at Transit Division 11, who were involved in Plaintiff's May 23, 2021 arrest. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the NYPD, must ascertain the identity and badge number of each John Doe whom Plaintiff seeks to sue here and the address where the defendants may be served. The New York City Law Department must provide this information to Plaintiff and the Court by December 14, 2021.
Within thirty days of receiving this information, Plaintiff must file a second amended complaint naming the John Doe defendants. The second amended complaint will replace, not supplement, the previous complaints. A second amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed a second amended complaint, the Court will screen the second amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John Doe Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service.
CONCLUSION
The Clerk of Court is directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, NY 10007. A “Second Amended Complaint” form is attached to this order.
The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package.
SO ORDERED.