Reyes v. The County of Suffolk et al

Justia Dockets & Filings Second Circuit New York Eastern District Reyes v. The County of Suffolk et al

Reyes v. The County of Suffolk et al

Case Number:	2:2018cv07473
Filed:	April 16, 2019
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
April 16, 2019	Filing 15 ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), plaintiff's applications to proceed in forma pauperis (ECF Nos. 3 , 8 ) are GRANTED. IT IS HEREBY ORDERED that plaintiff is granted leave to file the complaint without prepayment of th e filing fee or security; and IT IS FURTHER ORDERED that the Clerk of Court must forward to the United States Marshal Service for the Eastern District of New York ("USMS") a copy of plaintiff's summonses, complaint and this Order for s ervice upon the named defendants without prepayment of fees. However, the USMS will not be able to serve the unnamed defendants without more information. Pursuant to Valentin v. Dinkins, 121 F.3d 72, 75-76 (2d Cir. 1997) (per curiam), the Court reque sts that the Suffolk County Attorney ascertain the full names and service addresses of the unnamed defendants. Accordingly, the Clerk of the Court shall serve a copy of the complaint together with this order on the Suffolk County Attorney and the Suf folk County Attorney's Office is requested to attempt to ascertain the full names of the unidentified individuals described in the complaint and to provide their names and address(es) where each such defendant can be served to the Court and to p laintiff within thirty (30) days of the date that this Order is served upon it. The Suffolk County Attorney need not undertake to defend or indemnify these individuals at this juncture. This Order merely provides a means by which the plaintiff may na me and properly serve the defendants as instructed by the Second Circuit in Valentin. Once the information is provided to the Court by the Suffolk County Attorney's Office, plaintiff's complaint shall be deemed amended to reflect the full n ames of the unnamed defendants, summonses shall be issued as to those defendants, and the USMS shall serve those defendants. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this Order to the plaintiff at his last known address. So Ordered by Judge Joan M. Azrack on 4/16/2019. (Ortiz, Grisel) (c/m to pro se)

Date Filed

Document Text

April 16, 2019

Filing 15 ORDER: Accordingly (PLEASE SEE ORDER FOR FURTHER DETAILS), plaintiff's applications to proceed in forma pauperis (ECF Nos. 3 , 8 ) are GRANTED. IT IS HEREBY ORDERED that plaintiff is granted leave to file the complaint without prepayment of th e filing fee or security; and IT IS FURTHER ORDERED that the Clerk of Court must forward to the United States Marshal Service for the Eastern District of New York ("USMS") a copy of plaintiff's summonses, complaint and this Order for s ervice upon the named defendants without prepayment of fees. However, the USMS will not be able to serve the unnamed defendants without more information. Pursuant to Valentin v. Dinkins, 121 F.3d 72, 75-76 (2d Cir. 1997) (per curiam), the Court reque sts that the Suffolk County Attorney ascertain the full names and service addresses of the unnamed defendants. Accordingly, the Clerk of the Court shall serve a copy of the complaint together with this order on the Suffolk County Attorney and the Suf folk County Attorney's Office is requested to attempt to ascertain the full names of the unidentified individuals described in the complaint and to provide their names and address(es) where each such defendant can be served to the Court and to p laintiff within thirty (30) days of the date that this Order is served upon it. The Suffolk County Attorney need not undertake to defend or indemnify these individuals at this juncture. This Order merely provides a means by which the plaintiff may na me and properly serve the defendants as instructed by the Second Circuit in Valentin. Once the information is provided to the Court by the Suffolk County Attorney's Office, plaintiff's complaint shall be deemed amended to reflect the full n ames of the unnamed defendants, summonses shall be issued as to those defendants, and the USMS shall serve those defendants. IT IS FURTHER ORDERED that the Clerk of Court mail a copy of this Order to the plaintiff at his last known address. So Ordered by Judge Joan M. Azrack on 4/16/2019. (Ortiz, Grisel) (c/m to pro se)

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