Greathouse v. Vasquez

4 oes USDC SDNY i DOCUMENT ELECTRONICALLY FILED ser DOC #: DATE FILEDMarch 23, 2021 E. JOHNSON ALESSANDRA DECARLO Counsel Assistant Corporation Counsel phone: (212) 356-2469 THE CiTy OF NEW YORK adecarlo@law □□□□ □□□ LAW DEPARTMENT CHURCH STREET, Rm. 3-218 NEW YORE, NY 10007 March 22, 2021 BY ECF Honorable Sarah Netburn United States Magistrate Judge United States District Court Southem District of New York Foley Square New York, New York 10007 Re: Leon Greathouse v. Freddie Vasquez. et al.

20 CV 8748 (PAE) (SN) Your Honor: I am an Assistant Corporation Counsel in the Office of James E. Johnson, Corporation Counsel for the City of New York, and attomey for defendant City of New York in the above- referenced matter. This office respectfully writes to provide information pursuant to the Court's Order dated February 11, 2021.

By way of background, plaintiff Leon Greathouse alleges that, on or about June 12, 2000, he was unlawfully arrested and arraigned for on a charge of Murder in the Second Degree. (Civil Docket No. 2). Plaintiff was subsequently convicted in two subsequent unrelated criminal cases, and alleges that during his incarceration on those convictions he was produced to Manhattan criminal court multiple times for appearances on the murder case. Plaintiff further alleges that the murder case was dismissed on October 19, 2017. Liberally construing the Complaint, filed on October 19, 2020, plaintiff asserts claims for false arrest and malicious prosecution, inter alia, pursuant to 42 U.S.C. § 1983.

As Your Honor may recall, on February | 1, 2021, this Court issued an order directing this office to either accept service on defendant Freddie Vasquez’s behalf, or locate his last known address. (Civil Docket No. 17). Since that time, this office has undertaken an investigation to ascertain Mr. Vasquez’s correct address for service of process or obtain his consent for waiver of service on his behalf. This office was able to locate Mr. Vasquez, who has informed the undersigned that he no longer lives within the 100 mile jurisdiction for service of process. However, Mr. Vasquez has designated the Deputy Commissioner of Legal Services of the New York City Police Department as his agent to accept service on his behalf. As such, this office respectfully requests that the Court permit Mr. Vasquez to be served at the following location: Freddy Vasquez (retired), Tax ID 886669 New York City Police Department Care of Deputy Commissioner, Legal Matters One Police Plaza, Room | 10C New York, New York LO007 Because the Plaintiff is proceeding IFP, he is entitled to have service affected by the U.S.M.S. Accordingly, the Clerk of Court is directed to inform the U.S.MLS. to serve Defendant Freddy Vasquez at the address provided by Assistant Corporation Counsel, and shall file proof of service on the docket no later than April 23, 2021. Respectfully, the Clerk of Court shall mail a copy of this Order to the Plaintiff.

SO ORDERED. abe: NETBURN United States Magistrate Judge Dated: March 23, 2021 New York, New York ec: By First-Class Mail Leon Greathouse Pro se plaintiff 527 W. 15 1st Street, Apt. 7 New York, New York 10031 ec: By ECF Elizabeth Krasnow Assistant District Attomey