Heyward v. Transit Police Sergeant

District Court, S.D. New York

Heyward v. Transit Police Sergeant

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : MICHAEL HEYWARD, : : Plaintiff, : 25-CV-02090 (JAV) : -v- : ORDER : TRANSIT POLICE SERGEANT, : : Defendant. : ---------------------------------------------------------------------- X JEANNETTE A. VARGAS, United States District Judge: Plaintiff, who is appearing pro se, brought this action under

42 U.S.C. § 1983

, alleging that Defendant violated his civil rights. As stated in this Court’s March 31, 2025 Order (ECF No. 6), pursuant to Valentin v. Dinkins,

121 F.3d 72

(2d Cir. 1997), a pro se litigant is entitled to assistance from the district court in identifying an unknown defendant. The Court therefore ordered the New York City Law Department (hereinafter the “City”) to ascertain the identity of the Jane Doe Defendant and the address where this defendant may be served. ECF No. 6. Plaintiff was ordered to file an Amended Complaint within thirty (30) days of receiving this information, naming the Jane Doe Defendant.

Id.

The City identified the Jane Doe Defendant on May 20, 2025. See ECF Nos. 8 and 9. As such, the deadline for Plaintiff to file an Amended Complaint was June 19, 2025. On July 30, 2025, the Court issued an Order to Show Cause and ordered Plaintiff to write to the Court (through the Pro Se Intake Unit) and show good cause for the failure to comply with the Court’s order requiring filing of an Amended Complaint by June 19. ECF No. 10. On August 8, 2025, Plaintiff submitted a letter in response to the Court’s Order to Show Cause. ECF No. 11. Plaintiff stated he hand delivered the amended complaint, before the deadline and that it was stamped and placed in a basket to be delivered. /d. The Court finds that the Plaintiff has demonstrated good cause to proceed with the lawsuit. The Plaintiff is ORDERED to refile their amended complaint by September 4, 2025. Plaintiff is encouraged to submit all filings as PDFs by email to [email protected]. Pro se parties who are unable to use email may still submit documents by regular mail to the Daniel Patrick Moynihan Courthouse, Pro Se Intake Unit, 500 Pearl St., Room 205, New York, NY 10007, or in person at the drop box located in the lobby of the U.S. Courthouse at 500 Pearl Street. In either case, however, there may be delays before such filings are received and/or docketed. If the pro se party would like to receive communications in this case electronically, they are encouraged to fill out the attached consent form and to return it to the Pro Se Intake Unit. SO ORDERED. . ~~ of i fed Dated: August 15, 2025 — J tannlé Viegag. New York, New York JEANNETTE A. VARGAS*~ ~ Wnited States District Judge

□□ Disa [3/ iy \2\ United States District Court A «a/s} Southern District of New York LS Qe - Pro Se Oftice

Pro Se (Nonprisoner) Consent & Registration Form to Receive Documents Electronically Parties who are not represented by an attorney and are not currently incarcerated may choose to receive documents in their cases electronically (by e-mail) instead of by regular mail. Receiving documents by regular mail is still an option, but if you would rather receive them only electronically, you must do the following: 1. Sign up fora PACER login and password by contacting PACER! at www.pacer.uscourts.gov or 1-800-676-6856; 2. Complete and sign this form. If you consent to receive documents electronically, you will receive a Notice of Electronic Filing by e-mail each time a document is filed in your case. After receiving the notice, you are permitted one “free look” at the document by clicking on the hyperlinked document number in the e-mail. Once you click the hyperlink and access the document, you may not be able to access the document for free again. After 15 days, the hyperlink will no longer provide free access. Any time that the hyperlink is accessed after the first “free look” or the 15 days, you will be asked for a PACER login and may be charged to view the document. For this reason, you should print or save the document during the “free look” to avoid future charges. IMPORTANT NOTICE Under Rule 5 of the Federal Rules of Civil Procedure, Local Civil Rule 5.2, and the Court’s Electronic Case Filing Rules & Instructions, documents may be served by electronic means. If you register for electronic service: 1. You will no longer receive documents in the mail; 2. Ifyou do not view and download your documents during your “free look” and within 15 days of when the court sends the e-mail notice, you will be charged for looking at the documents; 3. This service does not allow you to electronically file your documents; 4. It will be your duty to regularly review the docket sheet of the case.

1 Public Access to Court Electronic Records (PACER) (www.pacer.uscourts.gov) is an electronic public access service that allows users to obtain case and docket information from federal appellate, district, and bankruptcy courts, and the PACER Case Locator over the internet. 2 The docket sheet is the official record of all filings in a case. You can view the docket sheet, including images of electronically filed documents, using PACER or you can use one of the public access computers available in the Clerk’s Office at the Court.

Se K@s United States District Court ae ae ‘SI } 3) Southern District of New York Res Pro Se Oftice

CONSENT TO ELECTRONIC SERVICE I hereby consent to receive electronic service of notices and documents in my case(s) listed below. I affirm that: 1. Ihave regular access to my e-mail account and to the internet and will check regularly for Notices of Electronic Filing; 2. Ihave established a PACER account; 3. understand that electronic service is service under Rule 5 of the Federal Rules of Civil Procedure and Rule 5.2 of the Local Civil Rules, and that I will no longer receive paper copies of case filings, including motions, decisions, orders, and other documents; 4. I will promptly notify the Court if there is any change in my personal data, such as name, address, or e-mail address, or if ] wish to cancel this consent to electronic service; 5. Iunderstand that I must regularly review the docket sheet of my case so that I do not miss a filing; and 6. JI understand that this consent applies only to the cases listed below and that if I file additional cases in which I would like to receive electronic service of notices of documents, I must file consent forms for those cases. Civil case(s) filed in the Southern District of New York: Note: This consent will apply to all cases that you have filed in this court, so please list all of your pending and terminated cases. For each case, include the case name and docket number (for example, John Doe v. New City, 10-CV-01234).

Name (Last, First, MI)

Address City State Zip Code

Telephone Number E-mail Address

Date Signature Return completed form to: Pro Se Office (Room 200) 500 Pearl Street New York, NY 10007

Reference

Status
Unknown