Carrion v. Kopp
District Court, S.D. New York
Carrion v. Kopp
Trial Court Opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GILBERT VARTECON CARRION,
Plaintiff,
No. 22-CV-9445 (KMK)
v.
OPINION & ORDER
TASHA M. JOHNSON, et al.
Defendants.
KENNETH M. KARAS, United States District Judge:
Plaintiff, who is currently incarcerated at Marcy Correctional Facility, brings this pro se
action under 42 U.S.C. § 1983, alleging that, while he was incarcerated in Green Haven Correctional
Facility (“Green Haven”), Defendants violated his rights. By order dated November 7, 2022, the
Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of
fees.
On February 28, 2023, the Court issued an Order which (1) granted Plaintiff leave to amend
his Complaint to provide facts to determine whether Plaintiff was entitled to relief against
Defendants Kopp, Griffen, Doulan, Lingenious, Miller, and Martin; (2) directed the U.S. Marshall’s
Service to effect service on Defendants Ricardo and Johnson. (See Dkt. No. 15.) On April 24, 2023,
Plaintiff filed his Amended Complaint (“AC”). (See Am. Compl. (“AC”) (Dkt. No. 18).) On August
24, 2023, the U.S. Marshals Service indicated that it had been unable to serve Defendants Ricardo
and Johnson. (See Dkt. Nos. 21, 22.)
Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court in
ascertaining a defendant’s proper service address. See 121 F.3d 72, 76 (2d Cir. 1997). In his
complaint, Plaintiff supplies sufficient information to permit the New York Attorney General to
provide the service addresses of the unserved Defendants.
It is therefore ordered that the Attorney General of the State of New York provide the
appropriate service address for Lindsay Lingenious, Sgt. Tasha M. Johnson, C.O. Ricardo
Varmor, Ms. S. Martin, Marilyn Kopp, Mangan P. Doulan, Courtney Griffin, and Supt. Mark J.
Miller. The Attorney General must provide this information to the Court and to Plaintiff within
60 days of the date of this order.
Within 30 days of receiving this information, Plaintiff must file an amended complaint
naming providing the Defendants’ service address. 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 it
and issue an order directing service on Defendants.
Conclusion
The Court directs the Clerk of Court to mail a copy of this Order to Plaintiff.
The Court further directs the Clerk of Court to mail a copy of this order and a copy of the
complaint to the Attorney General of the State of New York, at 28 Liberty Street, New York,
New York 10005.
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, IFP status is 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 22, 2025
White Plains, New York
ee gn ay seen
KENNETH M. KARAS
United States District Judge
Reference
- Status
- Unknown