Opinion
22-CV-973 (JPO)
03-31-2022
ROBERT MURRAY, known as LEVITICUS LUCFER, Plaintiff, v. C.O. JOHN DOE; C.O. JOHN DOE; C.O. JANE DOE; OMH JANE DOE, Supervisor of Pace Program GRVC, Defendants.
ORDER OF SERVICE
J. PAUL OETKEN UNITED STATES DISTRICT JUDGE
Plaintiff Robert Murray, who is currently detained in the Anna M. Kross Center on Rikers Island, brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants violated his rights. By order dated March 1, 2022, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis (IFP).
Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).
Plaintiff filed this complaint in connection with events allegedly occurring in “C-95” in the George R. Vierno Center, “19 Building, ” from January 2, 2022, through January 27, 2022. Plaintiff alleges that Defendants assaulted him, sprayed him with mace, encouraged other detainees to “violate” his food, denied him access to a shower, and housed him in a cell that could not accommodate his wheelchair, in retaliation for filing lawsuits. (ECF 2 ¶ V.)
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, Plaintiff appears to supply sufficient information to permit the New York City Department of Correction to identify two C.O. John Does and one C.O. Jane Doe, the supervisor of the GRVC Pace Program, whom Plaintiff alleges were involved in the deprivation of his rights. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the New York City Department of Correction, must ascertain the identity and badge number of each Doe defendant whom Plaintiff seeks to sue here and the addresses where the Defendants may be served. The New York City Law Department must provide this information to Plaintiff and the Court within sixty days of the date of this order.
If the Doe defendants are current or former DOC employees or officials, the New York City Law Department should note in the response to this order that an electronic request for a waiver of service can be made under the e-service agreement for cases involving DOC defendants, rather than by personal service at a DOC facility. If the Doe Defendants are not current or former DOC employees or officials, but otherwise work or worked at a DOC facility, the New York City Law Department must provide a residential address where the individuals may be served.
Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John Doe Defendants. 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 asking Defendants to waive 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, New York 10007.
The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package.
An amended complaint form is attached to this order.
SO ORDERED.