Maldonado v. Gunsett

UNITED STATES DISTRICT COURT .

SOUTHERN DISTRICT OF NEW YORK pay □□□ EDWINMALDONADO, SSS Plaintiff, v : ORDER OFFICER JOHN GUNSETT, et al,, Defendants. : 21 CV 3719 (VB) On January 24, 2022, the Court received two documents from plaintiff labeled as the “second amended complaint:” one “second amended complaint” is attached to this Order, and the other “second amended complaint” has been separately docketed. For the reasons stated below, the Court will disregard the attached document and treat the separately docketed second ~ amended complaint as the operative second amended complaint in this action.

On November 10, 2021, the Court directed the Attorney General to ascertain the identities of the thirteen John and Jane Doe defendants plaintiff sought to sue in his amended complaint. (Doc. #9), The Court also ordered that within thirty days of receiving this information, plaintiff must file a second amended complaint with the full names of the John and Jane Doe defendants identified by the Attorney General.

After the Attorney General updated the Court it was able to identify some, but not all of the John and Jane Doe defendants, the Court entered an Order dated January 12, 2022, directing plaintiff to file a second amended complaint containing the full names of the newly-identified John and Jane Doe defendants, as well as any additional identifying information or descriptive details regarding the remaining, unidentified John Doe defendants. (Doc. #15).

The separately docketed second amended complaint contains the full names of the John and Jane Doe defendants identified by the Attorney General, as well as the additional descriptive details ordered by the Court. The attached document, by contrast, contains the full names of the John and Jane Doe defendants identified by the Attorney General, but not the additional descriptive details regarding the remaining, unidentified John Doe defendants.

In light of the above, it appears the attached document was drafted after plaintiff received the Attorney General’s letter identifying certain of the John and Jane Doe defendants but before the Court’s January 12, 2022, Order directing plaintiff to also include in the second amended complaint additional identifying details regarding the remaining, unidentified John Doe defendants.

Accordingly, it is HEREBY ORDERED that the separately docketed second amended complaint shall be considered the operative second amended complaint in this action. The Court shall disregard the second amended complaint attached to this Order.

Plaintiff is reminded to address all future correspondence to the Pro Se Intake Unit at the following address: United States District Court Pro Se Intake Unit Quarropas St. White Plains, NY 10601 The Court will not consider any future correspondence from plaintiff mailed directly to Chambers.

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).

Plaintiff also must notify the Court in writing if plaintiff's address changes, and the Court may dismiss the action if he fails to do so.

Chambers will mail a copy of this Order to plaintiff at the address on the docket.

Dated: January 26, 2022 White Plains, NY SO ORDERED: Vincent L. Briccetti United States District Judge ———— UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK .

Kawi MAdonacs we No Write the full name of each plaintiff. (To be filled out by Clerk’s Office) SECOND AMENDED -against- COMPLAINT ( . (Prisoner) ANS L ZV Gy BWR CN Do you gf a jury trial?

Yes □□ Write the full name of each defendant. If you cannot fit the names of all of the defendants in the space provided, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section IV.

NOTICE : The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual's full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number.

See Federal Rule of Civil Procedure 5.2.

Rev. 5/6/16 , I. LEGAL BASIS FOR CLAIM State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) “Bivens” action (against federal defendants). wy iolation of my federal constitutional rights Ma resent [] Other: G D\pronchna \ I, PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary.

Edun Ag Q Ack First Name Middle Initial Last Name State any other names (or different forms of your name) you have ever used, including any name you have used in previously filing a lawsuit. er RR Prisoner ID # (if you have previously been in another agency's custody, please specify each agency and the ID number (such as your DIN or NYSID) under which you were held) Mw-sh ayo Care. Ya. □ Current Place of Detention (Qo OGL Institutional Address \ WY “ wiih . a4 6% County, City State Zip Code Ill. PRISONER STATUS Indicate below whether you are-a-prisoner or other confined person: (1 Pretrial detainee Civilly committed detainee amissstion detainee Convicted and sentenced prisoner Other: Page 2 IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant.

Make sure that the defendants listed below are identical to those listed in the caption. Attach additional pages as necessary.

Defendant 1: ( Q vena Car, wg x First Name . Last Name Shield # \o@. ot 58 AV Ay ZOOS ) Ly Canna en air Current Job Title (or other identifying information)

Current Work Address □□ WA, \220 wsadeagants Woaast LLG County, Cit State Zip Code % y Defendant 2: ‘ \ e\y i \ First Name Last Name Shield # Co. Val Oune ur Current Job Title (or other identifying information) Opaan Yuan ise SAL Vode QA\Wo Current Work Address So conve. WAL \2H42 Q County, City State Zip Code 4 te FAN . ‘ ‘ □ DRRiant 3: Fou wMuowor WAP) WARY A ( Calpe Eloy vein) First Name Last Name Shield # Copan Elo ator Current Job Title (or other identifying information) (oca2en a On Con-YAc Lown Current Work Address Dyomye WN. te County, City State + Zip Code WG.\6 2 AYSCON AC ae Defendant 4: KAR a da Oyu YS AyOQhy Neb HAC QUOk First Name Last Name Shield # eked CU. . Current Job Title (or other identifying information) “WS \220 Wied ont* Current Work Address Moray WI: (U2 County, \City State Zip Code Page 3 □□ V. STATEMENT OF CLAIM □□□□□ Cove-vec C{PYora □□ Bors Place(s) of occurrence: Cocoa unr a Dawe Rok Lol - ‘Wd Gong Assaath ) Rive icPrepa iat Date(s) of occurrence: Code, \ ID Seeeree □□□ On \\n. WH Juve! fs FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach additional pages as necessary. rn Roeguniv, & nn Lae a\loc ol Miss Leoally Saovels Wiss hatin Wb oeds Me UP VEL huBioe ains Yuen Sues vertect KW rg ih adver VAs ortyo By ORar< Pod □□ | Calo i205 Jisncrbend cia WB 0 Su Lawes Woeakin Wyte Acker Capa Nelnbe agnor Gong Mewloors □□□□□□□ Voy Dwas Walon works (2665 Whiewshe SK Clew ov an Jecua\wssrolted Plandin\ WoaVvrawey gnnex Wer and Sevaans Villy? Cody Xo Croan Wrhion □□ Mieke cnea es □□□ 46 Oro uulHlenia Dall Ws Veelaa| Ne Weod Sect yn ony Yusso PrBwov1g Ye □ See mina Serr □□□ Boel: Clea Yawn Pinied Vandi Ne □□□ Mer casas ours or Weer Ne Nee Doanisialion ck Gleont svi “rene Ry mylhe, saysegl CLGeesel ona vngat Gane enor Lorione a} Cotdhee\\gion Wlilednyaps) toon! b/Aidwdled skin Hood Cocca dnonnl ious. We Wad IMC Z0rb, wos laredaa vena “Rud ev Prarie wes \ovon dA worsten ove’ teld io Rader Kwurr Vocednan Pius bs Mere Co.Cvasel yV\erdwar □□□□ Nav tay ‘Aan a lung Wun No VA LOO La Vo. D4 Assug Viele ok ge cevare pga Alays, (Sherer (ect ting pcapothyy □□□□ Was MOA So □□□ Race he using Vcolidiad Bequsel Cel wor □ Page 4 We COS ONLI MN NN Wo WOKE AS back feats Wie ata mC “out Wade Sewer pUANEKS al eg oN UNE SHES TRS Gaetan Ga Ye dns MAN AoA! PAL NWS ow VG ashe Jars Yas an sivas re Cevas 0 \ov bake SU A No Awa A> WNW. as rk mat \ ais OO CO Exo Kedron Mite HLLONN Age ein Kt ans wan rere Does We cere ts Koy (OVS Nb pe SOK wa ver Pn cd ten cooing □□ ol Sapo Ving is QR ro □□□□ \)-Xo ene Toueha AMasaer” \OROK one SecHnd Yess. WPAOO Sat res WANG ntr\e WENO AoA) <A yoni Cw GACETO LOS Lceniog VK WON Ae Count 2 □□ aye cqontt (nure AN, RHO Dai a Wn aes VAs ker Cound Wassr Drew (XQ Moher pre Seana, MMe OM end went Tor SCLAATS wat : ere Woosh A) oogard nro («alee | WAS ‘Reh Vacation AK Raves 1.6. Cock Wade whe BeAL Daw eects \a\oe\ via □□□□□ UW Dan WAS need Wn Kea L (accor Pera LC? □□ ees lb Su PRE DahyGh wer □□□ QUE vet □ spas je EME Oy june SS 20N8 Daryn wes oe Nu Ning CNC CO eA Xo oat yeWnrne, of? Af AN Nua eel Cn LONS Cf Bet aes (aeQ-G0 SHANE “eae □□□□ WA NAC Laeyy LA@s ond) Wonoa (avo \> NOW Coghin’ pred O 19, \dBs, Wie Lege, ec mie dyrench REP □□ AKL ACOAY CL row PLA hl Sees vct\ OO NOX “nwo Wer hu Ware Ny C0 MW □□□ SoS YC LR oe ex : pa x \Aia WONe NORA WE □□□ oe, Valen eal 8 ABA LAE won ws Die \wKopn@NOQ Ani ON 2008 Nevagay WYRORS . NN lc | GU ean coh Nn aN \aws OWS Serpe “ea GON \ CNR CSN cnr □ (ager dscns NAA 00H Cc \ Aygo Nincenry Putco \ Kear Riou, Wrow Madly Te NSD WW Cyan Vouloacs pSuMeA KE for CO: Mller Ww Goat \ □ heries\ \ UN wa WS Yoon Moeheye | Soveck Une Yer _) es Cn O\rcl Muse - er Voor ov we Wve Vy 8 □ oh De □□ Neo S\he ost 0 tied angie wes, he uine : IAS : i Owe MEA Vern Medical rads, Fodured QiAss vena 4 0 Keo P2065 DSLOML on Poin Colcol Horas Vier Go Cesrr ocered No Noe SaywG pssupnvedl | ae Cp vw ( Alter endl Se cops Quprcolh ar Sowolby Daioh, ancl SrawueyS Da “oath 0c we QUAMHIGN N eee EG CL Bell eh ain Reo □□ COAL Crorae a “ 0 oye \ac\ AQ By Ns Wisden. WG: Kogser.

A \ \A\ oS Kak Milo es One oes Ny ( PSLe\y: pon bl msbenes Cra an eh Lio, Ah ~ SNS Creer\over ear Goh Fe Seal NS Joke 7 . Yenc of \lopoy) Dare Jo. 4 2r2_ “ean Magoo INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.

ADI WOWNES A Yuna LACK, NMS \g S ov WMG OS Auda Wh Sardlen ee wmpries OevemBaee= gaa QOL enc Erehtontl: Ayes ALAM MINYS . LOSS ot Dee) An OA AO PNK Was sotvist we WaoO Kon ot MOR (Aswsas WadcaXgn For ROC ACTA Luar OC QWAL EOLESZAT DOH VI. RELIEF State briefly what money damages or other relief you want the court to order. \\QOO OOO (ang ' \ Na Com ASML \,OQUC \O0U CROMQAKL SESS . Page 5 VII. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. understand that if I file three or more cases while I am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in future cases. also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C, § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required.

I agree to provide the Clerk's Office with any changes to my address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Soo.\K2OQI GA. \ANN\ Dated hac acl Kia Maldonado First Name, Middle Initial Last Name | Aeha_ Cov FRE.

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