Tavarez v. Police Officer Alex E. Hojnowski
| Jonathan A. Tavarez |
| Name N/A ID#952855 and Police Officer Alex E Hojnowski |
| Corporation Counsel of the City of New York |
| 1:2022cv05361 |
| September 9, 2022 |
| US District Court for the Eastern District of New York |
| James R Cho |
| Eric R Komitee |
| Prisoner Petitions (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 SUMMONS ISSUED as to Police Officer Alex E Hojnowski. (Courtesy copies of the Court's Orders dated 11/2/2022, 9/9/2022, the Summons, and Plaintiff's #2 Complaint sent to the Office of the Corporation Counsel via regular mail.) (WL) |
ORDER: In response to the Court's Valentin Order, the Office of the Corporation Counsel identified Police Officer Alex E. Hojnowski and provided the following service address: 103rd Precinct, 168-02 91st Avenue, Jamaica, New York 11432-5229. See ECF No. 9. The Clerk of Court shall amend the caption and issue a summons for Police Officer Alex E. Hojnowski. The Court directs the United States Marshals Service to serve the summons and complaint upon Police Officer Alex E. Hojnowski without prepayment of fees. Ordered by Magistrate Judge James R. Cho on 11/2/2022. (SG)
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| Filing 9 Letter (response to Valentin Order) by Corporation Counsel of the City of New York (Pellegrino, Nicolette) |
| Filing 8 NOTICE of Appearance by Nicolette Pellegrino on behalf of Corporation Counsel of the City of New York (aty to be noticed) (Pellegrino, Nicolette) |
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Filing 7
ORDER: On August 26, 2022, Plaintiff Jonathan A. Tavarez, currently incarcerated on Rikers Island, filed this action pro se pursuant to 42 U.S.C. 1983. (Compl., Doc. No. 2.) On September 9, 2022, the action was transferred to this Court. (Transfer Ord., Doc. No. 4.) The Court grants Plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a). Plaintiff sues a New York City Police Officer identified solely by his shield number alleging that Plaintiff was wrongfully arrested and that the case against him was dismissed in 2019. (Compl., Doc. No. 2.) The United States Marshals Service will not be able to serve this Defendant without further identifying information. The problem encountered by Plaintiff is a common one as it is frequently difficult for a pro se litigant to identify individual law enforcement officers. In Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Second Circuit made clear that a pro se litigant is entitled to assistance from the district court in identifying a defendant. Accordingly, the Court hereby requests the Corporation Counsel for the City of New York to ascertain the full name of the individual whom plaintiff has identified as a New York City Police Officer, Shield No. 952855, employed at the 103rd Police Precinct on January 16, 2017 at 4:11 a.m. (Compl., Doc. No. 2 at 4), and to provide the address where this Defendant can currently be served within 45 days from the date of this Order. Corporation Counsel need not undertake to defend or indemnify this individual at this juncture. This Order merely provides a means by which Plaintiff may name and properly serve the Defendant as instructed by the Second Circuit in Valentin. Once this information is provided, Plaintiff's complaint shall be deemed amended to reflect the full name and shield number of this officer, a summons shall be issued and the Court shall direct service on this Defendant without prepayment of fees. Plaintiff is required to advise the Clerk of Court in writing of any change of address. Failure to keep the Court informed of Plaintiff's current address means the Court will not know where to contact Plaintiff and may result in dismissal of the case. For information regarding court procedures, Plaintiff may contact the Pro Se Office at the United States Courthouse by calling (718) 613-2665. The Clerk of Court is respectfully directed to send a copy of this Order to the Plaintiff and to the Corporation Counsel for the City of New York, Special Federal Litigation Division. Ordered by Magistrate Judge James R. Cho on 9/9/2022. (Gillespie-Cardo, Saudia)
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| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:22-cv-07394. Original file certified copy of transfer order and docket sheet received. |
| MAILING RECEIPT: Document No: 4. Mailed to: Jonathan A. Tavarez 4412201133 Rikers Island 18-18 Hazen Street East Elmhurst, NY 11370. (kh) [Transferred from New York Southern on 9/9/2022.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York. (sac) [Transferred from New York Southern on 9/9/2022.] |
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Filing 4
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Eastern District of New York. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case. 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 in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/2/2022) (sac) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 9/9/2022.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba) [Transferred from New York Southern on 9/9/2022.] |
| MOTION for Leave to Proceed in forma pauperis (Please See document #1 ) by Jonathan A. Tavarez. (Davis, Kimberly) |
| Filing 3 PRISONER AUTHORIZATION. Document filed by Jonathan A. Tavarez..(rdz) [Transferred from New York Southern on 9/9/2022.] |
| Filing 2 COMPLAINT against Name N/A ID#952855. Document filed by Jonathan A. Tavarez..(rdz) [Transferred from New York Southern on 9/9/2022.] |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jonathan A. Tavarez..(rdz) [Transferred from New York Southern on 9/9/2022.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 9/9/2022.] |
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