Gamble v. Cort

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KEVIN GAMBLE, Plaintiff, Civ. 6443 (LGS) -against- ORDER OF SERVICE ASSIS COMMISSIONER CORT; CAPTAIN GAINOUS, SHIELD #1804, Defendants.

LORNA G. SCHOFIELD, United States District Judge: Plaintiff, who is currently detained at the George R. Vierno Center on Rikers Island, brings this pro se action under 42 U.S.C. § 1983, alleging violations of his constitutional rights. By order dated August 28, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.1 DISCUSSION A. Service on Defendants The Clerk of Court is directed to notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Defendants Captain Gainous, Shield #1804, and Assistant Commissioner Antoinette Cort waive service of summons.

B. Referral to NYLAG Clinic 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 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed in forma pauperis. See 28 U.S.C. § 1915(b)(1). 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 paperwork is received, the Clinic will coordinate contact with the litigant, which may take up to two weeks after receipt. Copies of the Clinic’s flyer, retainer, and intake form are attached to this order.

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 “Plaintiff’s Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents.” Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests.

In their responses, Defendants must quote each request verbatim.2 CONCLUSION 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. The Court requests that Defendants Captain Gainous, Shield #1804, and Assistant Commissioner Antoinette Cort waive service of summons.

The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package, including copies of the NYLAG Clinic’s flyer, retainer, and intake form.

2 If 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.

Local Civil Rule 33.2 applies to this action.

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 1s denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: August 28, 2023 New York, New York UNITED STATES DISTRICT JUDGE