Opinion
22-cv-1122 (JGK)
03-15-2022
DAVID GIBSON, Plaintiff, v. SUPERINTENDENT BURNETTE, ET AL., Defendants.
ORDER OF SERVICE
JOHN G. KOELTL, UNITED STATES DISTRICT JUDGE:
The plaintiff, who is currently incarcerated in Marcy Correctional Facility, paid the filing fees to commence this pro se action. He brings claims under 42 U.S.C. § 1983, alleging that the defendants violated his rights while he was incarcerated at Fishkill Correctional Facility. As set forth below, the Court directs (1) service on the named defendants and (2) the Attorney General for the State of New York to identify the Fishkill John and Jane Doe defendants.
A. Service on Defendants Burnett, Akinyombo, and Lebron
The Clerk of Court is directed to issue summonses as to defendants Superintendent Edward Burnett; A. Akinyombo, Deputy Superintendent of Health Services; and Danielle Lebron, R.N. The plaintiff is directed to serve the summons and complaint on each defendant within 90 days of the issuance of the summonses. If within those 90 days, the plaintiff has not either served the defendants or requested an extension of time to do so, the Court 1 may dismiss the claims against the defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to prosecute.
B. John and Jane Doe Defendants
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 supplies sufficient information to permit the New York State Department of Corrections and Community Supervision (DOCCS) to identify Deputy of Security John Doe, Sergeant John Doe, and Nurse Administrator Jane Doe named in the complaint. It is therefore ordered that the New York State Attorney General, who is the attorney for and agent of DOCCS, must ascertain the identity and badge number of each of the John and Jane Doe defendants whom the plaintiff seeks to sue here and the addresses where these defendants may be served. The Attorney General must provide this information to the plaintiff and the Court within sixty days of the date of this Order. Within thirty days of receiving this information, the plaintiff must file an amended complaint naming the John and Jane Doe defendants. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that the plaintiff should complete is attached to this Order. Once the plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to issue summonses for service on the named John and Jane Doe defendants. 2
C. Local Civil 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 entitled "Plaintiff's Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents." Within 120 days of service of the complaint, the defendants must serve responses to these standard discovery requests. In their responses, the defendants must quote each request verbatim.
If the plaintiff would like copies of these discovery requests before receiving the responses and does not have access to the website, the plaintiff may request them from the Pro Se Intake Unit.
CONCLUSION
The Clerk of Court is directed to issue summonses as to Defendants Burnett, Akinyombo, and Lebron, and to forward the summons to the plaintiff for service on the defendants.
The Clerk of Court is directed to mail a copy of this Order and the complaint to the New York State Attorney General at: 28 Liberty Street, New York, NY 10005.
The Clerk of Court is further directed to mail a copy of this Order to the plaintiff, together with an information package, and to note service on the docket. An amended complaint form is attached. 3
Local Civil Rule 33.2 applies to this action.
SO ORDERED. 4