Opinion
22 Civ. 4026 (VEC) (GWG)
09-13-2022
ROBERT MURRAY, as Leviticus Lucifer, Plaintiff, v. OMH DR. DABO, et al., Defendants.
ORDER
GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE
In an order dated August 1, 2022, plaintiff was ordered to file an amended complaint by September 1, 2022, if he wished to pursue this case. Plaintiff failed to comply with the August 1 Order. A copy of that Order is attached.
The Court will extend plaintiff's deadline to comply to October 13, 2022. If plaintiff fails to comply with the August 1 Order by that date, he is warned that his case may be dismissed without further notice for failure to prosecute under Rule 41 of the Federal Rules of Civil Procedure.
SO ORDERED.
ORDER
On July 28, 2022, the New York State Office of the Attorney General (“OAG”) responded to the Valentin Order issued by Judge Caproni (Docket # 6). (Docket # 11). OAG identified the John Doe RN as Eguagie Ehimwenma and provided the full name of Dr. Dabo - Dr. Sidiki Dabo. Id. OAG also provided a service address for both defendants:
Kirby Forensic Psychiatric Center
600 E. 125th Street
Wards Island, NY 10035Id. OAG's response was mailed to plaintiff on July 28, 2022. (Docket # 12).
Accordingly, within 30 days of receiving the information contained in OAG's response (Docket # 11), plaintiff shall file an amended complaint naming Eguagie Ehimwenma and Dr. Sidiki Dabo. 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 directing the Clerk of Court to complete the USM-285 forms and deliver to the U.S. Marshals Service all documents necessary to effect service on Eguagie Ehimwenma and Dr. Sidiki Dabo.
Separately, the Clerk is directed to change the address of plaintiff to:
Robert L. Murray
NYSID: 06093686K
North Infirmary Command (NIC)
15-00 Hazan Street
East Elmhurst, NY 11370
SO ORDERED.