USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED JOSE LEWIS MUNIZ, DOC #: DATE FILED: _ 6/26/2023 Plaintiff, -against- 23 Civ. 4224 (AT) MCCALL, BADGE #8794; CAPTAIN ADAMS BADGE # 1725; WARDEN ANTINET ORDER OF SERVICE CORTS; CITY OF NEW YORK; NYC CORPORATE CITY ATTORNEY, ATTORNEY FOR THE CITY OF NEW YORK; Defendants. ANALISA TORRES, District Judge: Plaintiff pro se, Jose Lewis Muniz, who is currently detained at the George R. Vierno Center (“G.R.V.C.”) on Rikers Island, brings this action under

, alleging that Defendants violated his constitutional rights. He names as Defendants: (1) Correction Officer McCall; (2) Captain Adams; (3) Antinet Corts!, GRVC Warden; (4) “NYC Corporate City Attorney, Attorney for the City of New York”: and (5) the City of New York. By order dated May 23, 2023, the Honorable Laura Taylor Swain granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis (“IFP”).2, ECF No. 4. On June 23, 2023, this action was referred to the undersigned. Dkt. Entry 6/23/23. STANDARD OF REVIEW The Prison Litigation Reform Act requires that federal courts screen complaints brought by prisoners who seek relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The Court must dismiss a prisoner’s IFP

! The correct spelling of Defendant’s name appears to be “Antoinette Cort.” See https://www nyc. gov/site/doc/media/five-assistant-commissioners.page (last visited June 6, 2023). ? Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IEP. See

(b)(1).

complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief.

(e)(2)(B), 1915A(b); see Abbas v. Dixon,

(2d Cir. 2007). The Court must also dismiss a complaint if the Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3).

Although the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v. Mills,

(2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons,

(2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicitude” in pro se cases,

(citation omitted), has its limits—to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. Rule 8 requires a complaint to include enough facts to state a claim for relief “that is

plausible on its face.” Bell Atl. Corp. v. Twombly,

(2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal,

, 678–79 (2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of action,” which are just legal conclusions. Twombly,

. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible—not merely possible—that the pleader is entitled to relief.

DISCUSSION A. NYC Corporate City Attorney, Attorney for the City of New York Plaintiff’s claims against the “New York City Corporate City Attorney, Attorney for the City of New York,” which the Court understands to be the New York City Law Department, must be dismissed because an agency of the City of New York is not an entity that can be sued. N.Y. City Charter ch. 17, § 396 (“[A]ll actions and proceedings for the recovery of penalties for the

violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by law.”); Jenkins v. City of New York,

, 93 n.19 (2d Cir. 2007); see also Emerson v. City of New York,

(S.D.N.Y. 2010) (“[A] plaintiff is generally prohibited from suing a municipal agency.”). Accordingly, Plaintiff’s claims against this defendant are DISMISSED. B. Waiver of Service The Clerk of Court is directed to notify the New York City Department of Correction (“DOC”) and the New York City Law Department of this order. Within two weeks of receipt or notice of this order, Defendants shall advise the Court whether they waive service of summons. C. New York Legal Assistance Group Plaintiff may consider contacting the New York Legal Assistance Group’s (“NYLAG”)

Clinic for Pro Se Litigants in the Southern District of New York (the “Clinic”), which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this Court. It 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, New York, New York, 10007. Once the 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 For the reasons stated above, Plaintiff’s claims against “NYC Corporate City Attorney, Attorney for the City of New York” are DISMISSED.

(e)(2)(B)(i1).. The Clerk of Court is directed to terminate “NYC Corporate City Attorney, Attorney for the City of New York” as a defendant. The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. Within two weeks of receipt or notice of this order, Defendants shall advise the Court whether they waive service of summons. The Clerk of Court is further directed to mail a copy of this order and an information package to Plaintiff pro se. SO ORDERED. Dated: June 26, 2023 New York, New York ANALISA TORRES United States District Judge

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

e NYLAG Legal Clinic for Pro Se Litigants in The Clinic Can: Southern District of New York is a free legal staffed by attorneys, law students, and « Assist with amending complaints and respondin; to assist those who are representing motions to dismiss; or planning to represent themselves, = Represent litigants for settlement purposes and, 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 tris by the court. and en if a litigant has consulted with Clinic staff, = Assist with oppositions to summary judgment. they retain other counsel and that counsel . . Clinic staff cannot assist with habeas cases « a notice of appearance, they remain : criminal matters. are responsible for doing is necessary in connection with the case; NyT_AG may also be unable to assist if it determines still oe co a a ' its professional legal judgement, that (i) you have petay bg Keo mas met ay Dame refused to cooperate with the Clinic’s counsel or foll Moynihan Courthouse, 40 Foley Square, way sass . □ : the Clinic’s advice; (ii) any assistance would be York, New York, or by following the court’s . □□ i A J □ unreasonably difficult for NYLAG to carry out; or (ii for filing via email as a pro se litigant. . . . your case is or will become frivolous, unreasonable, groundless, or without merit. the Clinic: the clinic and request a copy of our retainer, please call (212) 659-6190 and leave a message or 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.

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