Opinion
22-CV-1122 (JGK)
05-20-2022
DAVID GIBSON, Plaintiff, v. SUPERINTENDENT BURNETT, ET AL., Defendants.
ORDER
JOHN G. KOELTL, UNITED STATES DISTRICT JUDGE
The Court is in receipt of the plaintiff's letter dated May 8, 2022. In the letter, the plaintiff appears to allege, among other things, that correctional officers at the Marcy Correctional Facility ("MCF") violated his rights. These correctional officers are not defendants in this action and the allegations in the May 8, 2022, letter do not appear to relate to the claims in this action. The plaintiff is advised that if he wishes to bring new claims arising from his incarceration at the MCF, including claims arising from the incidents described in the May 8, 2022, letter, the plaintiff should do so in a new complaint in an appropriate court. Because the MCF is in the Northern District of New York, the plaintiff should bring any claims arising from his incarceration at the MCF in the United States District Court for the Northern District of New York ("N.D.N.Y."). An N.D.N.Y. complaint form and an N.D.N.Y. application to proceed without prepaying fees or costs are attached to this Order.
On May 13, 2022, the New York State Attorney General filed a letter attempting to identify the John and Jane Doe defendants described in the plaintiff's complaint. EOF No. 8. The plaintiff is reminded that, pursuant to the Court's Order dated March 15, 2022, the plaintiff must file an amended complaint naming the John and Jane Joe defendants by June 13, 2022. The plaintiff is also reminded that he must serve each defendant with a summons and the complaint. See Fed.R.Civ.P. 4. The plaintiff is advised that if he has difficulties serving the defendants, he may request that the Court issue an order directinq the United States Marshals to effect service on the defendants on the plaintiff's behalf. Any such request should be accompanied by an application to proceed without prepaying fees or costs so that the Court could waive the costs of service.
The New York State Attorney General's May 13, 2022 letter; the Court's March 15, 2022, Order; an amended complaint form; and an application to proceed in this Court without prepaying fees or costs are attached to this Order.
The Clerk is directed to mail a copy of this Order and its attachments to the plaintiff and to note service on the docket.
SO ORDERED.