UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SHYTIQUE D. KELLY, Plaintiff, against: 23-CV-2597 (CS) ILESHEMA T. THOMAS; KENNETH A. MULLER; JOHN DOE #1 (B-BLOCK C.0.): CE EROt SERVICE JOHN DOE #2 (B-BLOCK C.O.); JOHN DOE #3 (B-BLOCK C.O.); JOHN DOE #4, Defendants.

CATHY SEIBEL, United States District Judge: Plaintiff, who is currently incarcerated at Green Haven Correctional Facility (““GHCF”), brings this pro se action under

, asserting excessive force and inadequate medical care claims against GHCF correction officers Ileshema Thomas and K. Muller, and four John Doe GHCF correction officers. By order dated April 20, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.! DISCUSSION A. Service on GHCF correction officers Ieshema Thomas and K. Muller Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.* Walker v, Schult,

, 123 n.6 (2d Cir. 2013); see also

(d) (“The officers of the court shall issue and serve all process

' Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See

(b)(1). ? Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued.

...in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendants GHCF correction officers Ileshema Thomas and K. Muller through the U.S. Marshals Service, the Clerk of Court is instructed to fill out

a U.S. Marshals Service Process Receipt and Return form (“USM-285 form’) for these Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon Defendants. If the complaint is not served within 90 days after the date the summonses are issued, Plaintiff should request an extension of time for service. See Meilleur v. Strong,

(2d Cir, 2012) (holding that it is the plaintiffs responsibility to request an extension of time for service). Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. B. John Doe Defendants Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant.

(2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the New York State Department of Corrections and Community Supervision to identify the John Doe Defendants involved in the alleged deprivation of Plaintiff’s rights on November 29, 2022. It is therefore ordered that the New York State Attorney General, who is the attorney for and agent of the New York State Department of Corrections and Community Supervision, must ascertain the identity and badge number of each John Doe whom Plaintiff seeks to sue here and the addresses where the defendant may be served, The New York State Attorney General must provide this information to Plaintiff and the Court within sixty days of the date of this order.

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 directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John Doe Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service. C. Local Civil Rule 33.2 Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action, Those discovery requests are available on the Court’s website under “Forms” and are titled “Plaintiffs Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents.” Within 120 days of the date of this order, Defendants must serve responses to these standard discovery requests. In their responses, Defendants must quote each request verbatim. D. New York Legal Assistance Group Plaintiff may consult the legal clinic in this District that assists people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group (“NYLAG”); it is not part of, or run by, the court (and, among other things, therefore cannot accept filings on behalf of the court, which must still be made by any pro se party through the Pro Se Intake Unit). To receive limited-scope assistance from the Clinic, Plaintiff may mail a signed retainer and intake form to the NYLAG Pro Se Clinic at 40 Foley Square, LL22, NY, NY 10007. Once the

3 Tf Plaintiff would like copies of these discovery requests before receiving the responses and does not have access to the website, Plaintiff may request them from the Pro Se Intake Unit.

paperwork is received, the Clinic will coordinate contact with the litigant. Once the paperwork is received, it may take up to two weeks for the Clinic to contact the litigant. Copies of the Clinic’s flyer, retainer, and intake form are attached to this order. CONCLUSION The Clerk of Court is instructed to issue summonses for GHCF correction officers Ileshema Thomas and K. Muller, complete the USM-285 forms with the addresses for these Defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 28 Liberty Street, 16th Floor, New York, New York 10005. Local Civil Rule 33.2 applies to this action. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the Clinic’s flyer, retainer, and intake form are attached to this order. The Clerk of Court is further directed to mail an information package to Plaintiff, The Court certifies under

(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf Coppedge v. United States,

(1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: 7 [ c| 2) White Plains, New York Lh ( 2 CATHY SEIBEL United States District Judge

DEFENDANTS AND SERVICE ADDRESSES

l. GHCF Correction Officer Ileshema Thomas Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582 2, GHCF Correction Officer K. Muller Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582

N Y ; A G Since 1990, NYLAG has provided free civil legal services to ue New Yorkers who cannot afford private attorneys. New York Milli Legal Assistance Group Free Legal Assistance for Self-Represented Incarcerated Civil Litigants in Federal District Court

he NYLAG Legal Clinic for Pro Se Litigants in [he Clinic Can: Southern District of New York is a free legal staffed by attorneys, law students, and « Assist with amending complaints and responding tc to assist those who are representing motions to dismiss; or planning to represent themselves, « Represent litigants for settlement purposes and, in incarcerated litigants, in civil lawsuits in limited circumstances, for depositions; Southern District of New York federal court, « Assist with written discovery; habeas cases. The clinic is not part of or « Recruit pro bono counsel for depositions and trial; by the court. and if a litigant has consulted with Clinic staff, « Assist with oppositions to summary judgment. they retain other counsel and that counsel os . . : Clinic staff cannot assist with habeas cases or a notice of appearance, they remain Moon □ criminal matters. are responsible for doing is ReCe ese. in connection with the case; .WY[_AG may also be unable to assist if it determines, in oe still ee court Papers ae its professional legal judgement, that (i) you have Unit; Deated ty Boone on refused to cooperate with the Clinic’s counsel or follow atrick Moynihan Courthouse, 40 Foley Square, a . + ‘ é the Clinic’s advice; (ii) any assistance would be York, New York, or by following the court’s eu □□ a : si unreasonably difficult for NYLAG to carry out; or (iii) for filing via email as a pro se litigant. . . your case is or will become frivolous, unreasonable, groundless, or without merit. ontacting the Clinic: contact the clinic and request a copy of our retainer, please call (212) 659-6190 and leave a message or ite to us at the following address: NYLAG Legal Clinic for Pro Se Litigants Thurgood Marshall Federal Courthouse Room LL22 40 Foley Square New York, NY 10007 mail a signed retainer back to the clinic at the above address. Once the paperwork is received, clinic will contact you. It may take up to two weeks. Disclaimer: The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation. UIA@Federation of Net □□□□□

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