El v. Black

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAGE EL D/B/A HALL, WINSTON, Plaintiff, -against- 23-CV-10317 (JGK) CALVIN BLACK; ELIJAH P, RODRIGO; ORDER OF SERVICE FELIX D. JIMENEZ; 6 — JOHN DOE, Defendants.

JOHN G. KOELTL, United States District Judge: Plaintiff, who currently is detained at the Otis Bantum Correctional Center on Rikers Island, brings this action, pro se, under 42 U.S.C. § 1983, alleging that Defendants violated his federal constitutional rights. By order dated November 30, 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.? 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).

! Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C, § 1915(b)(1).

2 Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that summonses 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.

To allow Plaintiff to effect service on Defendants New York City Police Department Officers Calvin Black, Elijah P. Rodrigo, and Felix D, Jimenez through the U.S. Marshals Service, the Clerk of Court is instructed to fill out U.S. Marshals Service Process Receipt and Return forms (“USM-285 forms”) 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 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 The Court understands Plaintiff to be suing six John Doe New York City Police Depattment (“NYPD”) officers. Under Valentin vy. 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 NYPD to identify the six NYPD officers who were allegedly involved in stopping Plaintiff’s vehicle and arresting him in the Bronx on September 12, 2023. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the NYPD, must ascertain the identity and badge number of each John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The Law Department 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 defendant(s). 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.

CONCLUSION The Clerk of Court is directed to issue summonses for New York City Police Department Officers Calvin Black, Elijah P. Rodrigo, and Felix D. Jimenez, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the US. Marshals Service.

The Clerk of Court is further directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, NY 10007. An “Amended Complaint” form is attached to this order.

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

SO ORDERED.

Dated: New York, New York SEA / i, é ol lef | i/2 3 CS TouN'G ROLLIE United States District Judge DEFENDANTS AND SERVICE ADDRESSES 1. Sergeant Calvin Black New York City Police Department 43" Precinct Fteley Avenue Bronx, NY 10473 2. Elijah P Rodrigo New York City Police Department 43" Precinct Fteley Avenue Bronx, NY 10473 3. Felix D. Jimenez New York City Police Department 43" Precinct Fteley Avenue Bronx, NY 10473 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ip a Civ.) re (in the space above enter the full name(s) of the plaintiff(s).) AMENDED COMPLAINT -against- Jury Trial: GO Yes O No (check one) ee ee pe i a a (In the space above enter the full namefs) of the defendant(s). Ifyou cannot fit the names of all of the defendants in the space provided, please write “see atiached” in the space above and attach an additional sheet of paper with the full list of names, The names listed in the above caption must be identical to those contained in Part L Addresses should not be included here.)

I. Parties in this complaint: A. List your name, address and telephone number. If you are presently in custody, include your identification number and the name and address of your current place of confinement. Do the same for any additional plaintiffs named. Attach additional sheets of paper as necessary.

Plaintiff Name Street Address □□ . County, City State & Zip Code □□ Telephone Number B, List all defendants. You should state the full name of the defendant, even if that defendant is a government agency, an organization, a corporation, or an individual. Include the address where each defendant may be served, Make sure that the defendant(s) listed below are identical to those contained in the above caption. Attach additional sheets of paper as necessary.

Rev. 12/2009 Defendant No. 1 Name Street Address County, City State & Zip Code Telephone Number Defendant No. 2 Name Street Address County, City State & Zip Code Telephone Number Defendant No. 3 Name Street Address County, City State & Zip Code Telephone Number Defendant No. 4 Name Street Address County, City__ State & Zip Code Telephone Number IL. Basis for Jurisdiction: Federal courts are courts of limited jurisdiction. Only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case involving the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one state sues a citizen of another state and the amount in damages is more than $75,000 is a diversity of citizenship case.

A. What is the basis for federal court jurisdiction? (check all that apply) O Federal Questions C] Diversity of Citizenship B. If the basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty right is at issue?

Cc, If the basis for jurisdiction is Diversity of Citizenship, what is the state of citizenship of each party?

Plaintiff(s) state(s) of citizenship _ Defendant(s) state(s) of citizenship

Rev, 12/2009 HI. Statement of Claim: State as briefly as possible the facts of your case. Describe how each of the defendants named in the caption of this complaint is involved in this action, along with the dates and locations of all relevant events.

You may wish to include further details such as the names of other persons involved in the events giving rise to your claims. Do not cite any cases or statutes. If you intend to allege a number of related claims, number and set forth each claim in a separate paragraph, Attach additional sheets of paper as necessary.

A. Where did the events giving rise to your claim(s) occur?

B. What date and approximate time did the events giving rise to your claim(s) occur?

C. Facts: What Te te you?

TT else invelyed? no Who else saw whal happened?

IV. Injuries: If you sustained injuries related to the events alleged above, describe them and state what medical treatment, if any, you required and received.

SE Rev. 12/2009 ¥. Relief: State what you want the Court to do for you and the amount of monetary compensation, if any, you are seeking, and the basis for such compensation. ep a ar tt sp a nS pT A □□ a aaa a A SI □□ I declare under penalty of perjury that the foregoing is true and correct, Signed this day of ,20_.

Signature of Plaintiff Mailing Address _ Telephone Number _ Fax Number (if you have one) Note: All plaintiffs named in the caption of the complaint must date and sign the complaint. Prisoners must also provide their inmate numbers, present place of confinement, and address.

For Prisoners: I declare under penalty of perjury that on this day of , 20 _, lam delivering this complaint to prison authorities to be mailed to the Pro Se Office of the United States District Court for the Southern District of New York.

Signature of Plaintiff: Inmate Number _ Rey, 12/2009