Bright v. Irman Russo, Annucci

ane UNITED STATES DISTRICT COURT | ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK | DATE FILED: anno | Wickit Plaintiff, 18-cv-11111-NSR-VR -against- ORDER Anthony J. Annucci, et al., Defendants.

VICTORIA REZNIK, United States Magistrate Judge: In Plaintiff's second amended complaint, he asserted causes of action against Defendants “John Does Strip Search Officers.” Under Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997), a pro se litigant is entitled to assistance from the district court in identifying a defendant. Valentin, 121 F.3d at 76. The Court received correspondence from counsel for the DOCCS Defendants, the New York State Attorney General, on December 6, 2024, regarding efforts to identify those unnamed defendants in this action. (ECF No. 305).

Based on the information provided by Plaintiff the second amended complaint, Defendants were unable to identify the five “John Does Strip Search Officers” who allegedly assaulted him in the Office of Mental Health strip search area of the Green Haven Correctional Facility on February 28, 2016.

Plaintiff is thus directed to provide further descriptive information to assist the DOCCS Defendants in identifying the five “John Does Strip Search Officers.”

Plaintiff must provide that information to the DOCCS Defendants and the Court by no later than January 10, 2024. The DOCCS Defendants must provide the identities of the John Does Strip Search Officers to Plaintiff and the Court based on Plaintiff's supplemented description by no later than February 7, 2024.

Upon receipt of this information, the Court will issue an order directing the Clerk of the Court to send instructions to Plaintiff to effect service on this Defendant in accordance with Rule 4 of the Federal Rules of Civil Procedure.

Additionally, at that time, the Court may also substitute the proper names of the Defendants on the docket. FED R. CIv. P. 15(c).

The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff at the address listed on ECF and show proof of such service on the docket.

SO ORDERED.

DATED: White Plains, New York 12/17/2024 diver VICTORIA RE United States Magistrate Judge