Allen v. Aitken
Allen v. Aitken
Trial Court Opinion
UNITED STATES DISTRICT COURT PRODERAL. SOUTHERN DISTRICT OF NEW YORK PELMCYNGE Caley 2a ennn □□ nnanana nanan namnnnanannnenena Merwe gage Plaintiff, : Jeunes G))5. 12022, V. : AMENDED ORDER OF CORRECTIONAL OFFICER DEVERON D. : SERVICE AITKEN; CORRECTIONAL OFFICER JONELLE S. BISSESSAR; SERGEANT : 23 CV 2149 (VB) KENNETH L. JAMES; REGISTERED NURSE - : VOLODYMR GLUKHAN, Copies (itd Faxed LC olsl2s oe □□□□□□□□□□□□□□□□□□□□□ Chambers-of Vincent L. Briecetti Plaintiff, proceeding pro se and in forma pauperis, brings claims under
42 U.S.C. § 1983for alleged violations of his constitutional rights. On April 6, 2023, the Court entered an Order of Service directing the U.S. Marshals Service to serve the three named defendants in the complaint: Correctional Officer Deveron D. Aitken, Correctional Officer Jonelle S, Bissessar, and Sergeant Kenneth L. James. (Doc. #8). To date, there is no indication on the docket that defendants Aitken or James have been served, although the Court has been informed that the Marshals Service is in the process of effecting service as to these defendants. An executed return of service form for defendant Bissessar was docketed on June 6, 2023. (Doc. #13). The April 6, 2023, Order of Service also contained a Valentin Order which directed the Office of the New York State Attorney General to ascertain the identity and service address of the “John Doe” defendant whom plaintiff sought to sue. (Doc. #8). The Attorney General provided such information to the Court and plaintiff by letter dated June 1, 2023. (Doc. #11). The Court then ordered plaintiff to file an amended complaint containing the full name of the John Doe defendant identified by the Attorney General, Registered Nurse Volodymr Glukhan. (Doc. #12).
On June 14, 2023, the Court received plaintiff's amended complaint, dated June 8, 2023. (Doc. #14). Accordingly, IT IS HEREBY ORDERED: 1. The Clerk is instructed to fill out a U.S. Marshals Service Process Receipt and Return form for the defendant listed in the Appendix to this Order. The Clerk is further instructed to issue a summons listing the defendant and deliver to the Marshals Service all paperwork necessary for the Marshals Service to effect service upon the defendant. The service addresses for the defendant are also appended to this Order. 2. Plaintiff's deadline pursuant to Fed. R. Civ. P. 4(m) to serve defendants Aitken, James, and Glukhan is sua sponte extended to August 15, 2023. 3. All defendants’ deadlines to respond to the complaint are stayed pending further order of the Court. 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: June 15, 2023 White Plains, NY SO ORDERED:
Vincent L.Briccetti United States District Judge
APPENDIX 1) Registered Nurse Volodymr Glukhan. Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562
Reference
- Status
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