DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT oe aS SOUTHERN DISTRICT OF NEW YORK DATE FILED:_7/ _ FRANKIE CANCEL, Plaintiff, . 25-cv-7413-GHW -against- NEW YORK HEALTH AND HOSPITALS, et ORDER OF SERVICE al., Defendants. GREGORY H. WOODS, United States District Judge: Plaintiff resides 1n Orange County, New York, and 1s proceeding pro se. He brings this action under Title VII of the Crvil Rights Act of 1964 (Title VID, 42 U.S.C. §§ 2000e to 2000e-17, the Family and Medical Leave Act (FMLA), and

, 1983, as well as the New York State Human Rights Law,

to 297, the New York City Human Rights Law, N.Y.C. Admin. Code §§ 8-101 to 131, and other state law. He alleges that his employer discriminated against him based on race and sex. Plaintiff sues the New York City Health and Hospitals Corporation (HHC), as well as individual employees Diana Novak, Virginia Fineran, Wilma Soto, Jennifer Hobbs, Tiffany L. Brown, Patricia Yang, Daina Begum, Kate O’Donovan-Cook, Nicole Phillips, Anieka Clayton, and John/Jane Does 1-10. By order dated September 10, 2025, the Court granted Plaintiff’s request to proceed i forma pauperis (FP), that 1s, without prepayment of fees.

DISCUSSION A. Service on named defendants Because Plaintiff has been granted permission to proceed IFP, he 1s entitled to assistance from the Court and the U.S. Marshals Service to effect service.' Walker v. Schult,

, 123 n.6 (2d Cir. 2013); see also 28 ULS.C. § 1915(d) (“The officers of the court shall issue and serve all process ...in [IFP] cases.”); Fed. R. Cry. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff 1s authorized to proceed IFP)). ‘To allow Plaintiff to effect service on Defendants HHC, Diana Novak, Virginia Fineran, Wilma Soto, Jennifer Hobbs, Tiffany L. Brown, Patricia Yang, Daina Begum, Kate O’Donovan- Cook, Nicole Phillips, and Anieka Clayton through the U.S. Marshals Service, the Clerk of Court 1s instructed to fill out U.S. Marshals Service Process Receipt and Return forms (USM-285 forms) for Defendants. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon 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 Medleur v. Strong,

(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.

!Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue.

B. John and Jane Doe Defendants Under Vakntin v. Dinkins, a pro se litigant is entitled to some assistance from the district court in identifying a defendant.

(2d Cir. 1997). Plaintiff lists John and Jane Does in the caption of the complaint, but he has not supplied sufficient information in the complaint to permit HHC to identify the John or Jane Doe defendants. The Court therefore dismisses Plaintiff’s claims against the John or Jane Doe defendants, without prejudice to Plaintiff’s reasserting these claims with additional factual allegations in any amended complaint that he ts permitted, consistent with Rule 15 of the Federal Rules of Civil Procedure, to file. CONCLUSION The Court dismisses without prejudice Plaintiff’s claims against John and Jane Doe Defendants 1-10. The Clerk of Court is instructed to issue summonses for Defendants HHC, Diana Novak, Virginia Fineran, Wilma Soto, Jennifer Hobbs, ‘Tiffany L. Brown, Patricia Yang, Daina Begum, Kate O’Donovan-Cook, Nicole Phillips, and Anteka Clayton, complete the USM-285 forms with the addresses for Defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. ‘The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Dated: September 13, 2025 New York, New York fest ten United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Diana Novak Director of Mental Health Administration NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Virginia Fineran Clinical Director of Mental Health NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Wilma Soto NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Jennifer Hobbs Senior Director, Employment and Labor Relations Department NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Tiffany L. Brown Deputy Director of Mental Health Administration NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Patricia Yang Senior Vice President for Correctional Health Services NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Daina Begum, Unit Chief Associate Director of Mental Health Services NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Kate ODonovan-Cook, Clinical Supervisor Associate Director of Mental Health Services NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Nicole Phillips, Regional Director HHC Office of Equal Employment Opportunity NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004 Anieka Clayton Investigator, Labor Relations Department NYC Health and Hospitals Corporation 50 Water Street 18th Floor New York, NY 10004

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