Opinion
22 CV 4014 (VB)
12-20-2022
TERRELL K. BROCK, Plaintiff, v. CVS CORPORATION; LEONARDO CORONADO; ASHLEY CAMACHO; CITY OF WHITE PLAINS; JOSE LUIS FORMOSO; and P.O. C. BROWNING, Defendants.
ORDER
Vincent L. Briccetti United States District Judge
Plaintiff, who is proceeding pro se and in forma pauperis, commenced this action on May 16, 2022. (Doc. #2). By Orders dated November 21, 2022 (Doc. #37), and December 7, 2022 (Doc. #53), the Court set out additional, relevant procedural history of the case.
By Order dated December 7, 2022, the Court extended plaintiff's time to file his third amended complaint to January 23, 2023. (Doc. #53). The Court also directed plaintiff to include in his third amended complaint the names of all defendants, including the officers newly identified by the White Plains Law Department. (Id.).
On December 19, 2022, the Court received from plaintiff (i) a third amended complaint, dated November 30, 2022, and postmarked December 12, 2022, which does not contain the names of the newly-identified officers (Doc #58), and (ii) a letter from plaintiff postmarked December 13, 2022, in which plaintiff states he is “unaware if I added all 6 officers names” to his third amended complaint. (Doc. #57).
Accordingly, it is HEREBY ORDERED:
1. By January 23, 2023, plaintiff shall file a fourth amended complaint. The fourth amended complaint shall list the full names of all defendants, including White Plains Police Officers Beall, Dipaterio, Glynn, Horgan, Levito, and Schneider. Plaintiff shall use the fourth amended complaint form attached to this Order. The fourth amended complaint will completely replace, not merely supplement, the third amended complaint. Therefore, plaintiff must include in the fourth amended complaint all information necessary for his claims.
2. Because plaintiff is proceeding in forma pauperis, he is entitled to rely on the Court and the U.S. Marshals Service to effect service. Once the Court receives and screens the fourth amended complaint, it will issue an appropriate order directing the Clerk of Court to issue summonses for the newly identified defendants and to deliver to the U.S. Marshals all materials necessary to effect service. To be clear, plaintiff does not need to do anything to effect service on defendants.
3. Plaintiff's service deadline pursuant to Fed.R.Civ.P. 4(m) is STAYED pending further Court Order. Once the Court receives the fourth amended complaint, it will set a service deadline pursuant to Fed.R.Civ.P. 4(m).
4. The time for all parties to answer, move, or otherwise respond to the complaints and any cross-claims remains STAYED pending further Court Order.
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).
Chambers will mail a copy of this Order to plaintiff at the address on the docket.
SO ORDERED: