Ruggiero v. Jones

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANTHONY RUGGIERO, Plaintiff, 23-CV-7157 (PMH) -against- ORDER OF SERVICE STEPHANIE E. JONES, Correction Officer, Fishkill C.F., et al., Defendants.

PHILIP M. HALPERN, United States District Judge: Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights and his rights under state law when he was incarcerated at Fishkill Correctional Facility.1 By order dated August 15, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.

DISCUSSION A. Service on named Defendants 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.2 Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process . . . 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 Stephanie E. Jones, Kevin C.

Eschmann, Paul E. Julien, Kaylah V. Pryear, Alexandra Ayana Gibbons, Ana M. Figueroa, David J. Valentino, John P. Broas, Chris J. Churns, Edward R. Burnett, Anthony J. Annucci, Shawn T.

Sawyer, Investigator Vasquez, and Darion Torres3 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 these 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, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s 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. Valentin order Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the New York State Department of Corrections and Community Supervision (“DOCCS”) to identify: (1) Jane Doe Correction Officer (also known as “Ms. A.”); (2)John Doe Correction Officer who was on duty on October 12, 2022; (3) incarcerated individual John Doe #1, whom Plaintiff believes to be from Gambia; (4) John Doe Incarcerated Although Plaintiff identifies this Defendant as “Dario Torres,” public records maintained by the New York State Department of Corrections and Community Supervision (“DOCCS”) show that his first name is “Darion.”

Individuals #2 through #6, whom Plaintiff alleges assaulted him on October 12, 2022; and (5) the real name of the Defendant Plaintiff refers to as “Scott Durant.”4 It is therefore ordered that the New York State Attorney General, who is the attorney for and agent of DOCCS, must ascertain the identity and, where applicable, the badge number of each John and Jane Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The 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 and Jane 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 and Jane 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 “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.5 Although Plaintiff identifies this Defendant as Durant, records maintained by DOCCS do not show an individual with that name in DOCCS custody.

D. NYLAG Clinic Plaintiff may consider contacting the New York Legal Assistance Group’s (“NYLAG”) Clinic for Pro Se Litigants in the Southern District of New York, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in this court. The clinic is run by a private organization; it is not part of, or run by, the 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. A copy of the flyer with details of the clinic is attached to this order.

CONCLUSION The Clerk of Court is directed to issue summonses, complete the USM-285 forms with the addresses for Stephanie E. Jones, Kevin C. Eschmann, Paul E. Julien, Kaylah V. Pryear, Alexandra Ayana Gibbons, Ana M. Figueroa, David J. Valentino, John P. Broas, Chris J. Churns, Edward R. Burnett, Anthony J. Annucci, Shawn T. Sawyer, Investigator Vasquez, and Darion Torres, and deliver all documents necessary to effect service to the U.S. Marshals Service.

The Clerk of Court is further 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.

An “Amended Complaint” form is attached to this order.

A copy of the NYLAG flyer with details of the clinic is attached to this order.

Local Civil Rule 33.2 applies to this action.

The Clerk of Court is also directed to mail an information package to Plaintiff.

SO ORDERED.

Dated: White Plains, New York ( Pm | / | September 8, 2023 PHILIP M. HALPERN United States District Judge DEFENDANTS AND SERVICE ADDRESSES Correction Officer Stephanie E. Jones Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Officer Kevin C. Eschmann Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Officer Paul E. Julien Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Officer Kaylah V. Pryear Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Officer Alexandra Ayana Gibbons Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Officer Ana M. Figueroa Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Officer David J. Valentino Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Correction Sergeant John P. Broas Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Deputy Superintendent Chris J. Churns Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Superintendent Edward R. Burnett Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Retired Acting Commissioner Anthony J. Annucci New York State Department of Corrections and Community Supervision The Harriman State Campus, Building 2 1220 Washington Avenue Albany, NY 12226-2050 Correction Lieutenant Shawn T. Sawyer Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Investigator Vasquez Office of Special Investigation Fishkill Correctional Center Strack Drive Beacon, New York 12508-0307 Darion Torres DIN: 21R0778 Fishkill Correctional Facility Matteawan Road P.O. Box 1245 Beacon, New York 12508-0307 New York EEE Legal Assistance Group LEGAL CLINIC FOR PRO SE LITIGANTS IN THE SOUTHERN DISTRICT OF NEW YORK LIMITED SCOPE LEGAL ASSISTANCE RETAINER AGREEMENT retain the New York Legal Assistance Group (NYLAG) to provide you with limited scope legal assistance its Legal Clinic for Pro Se Litigants in the Southern District of New York (Clinic) under the terms set forth below.

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