Bohannon v. Doe
| William Bohannon, III |
| John Doe |
| 2:2020cv03418 |
| July 27, 2020 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Arlene R Lindsay |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 7
ORDER granting #6 Motion for Leave to Proceed in forma pauperis - Accordingly, plaintiff's application to proceed in forma pauperis is granted. The Court orders service of the summons and complaint by the United States Marshal Service (USMS) once such service resumes in this District. See Admin Orders 2020-19-1, 2020-19, 2020-12. However, the USMS will not be able to serve the unnamed defendant without more information. Pursuant to Valentin v. Dinkins, the Court requests that the Suffolk County Attorney ascertain the full name and service address of the individual alleged to have interacted with plaintiff at the Yaphank location of the Suffolk County Correctional Facility as is alleged in the complaint. Accordingly, the Clerk of Court shall serve a copy of the complaint together with this Order on the Suffolk County Attorney and Suffolk County Attorney's Office is requested to attempt to ascertain the full name of the unidentified defendant and to provide his or her name and the address where such defendant can be served to the Court and to plaintiff within 30 days of the date that this Order is served upon it. The Suffolk County Attorney need not undertake to defendant or indemnify this individual at this juncture. This Order merely provides a means by which the plaintiff may name and properly serve the defendant 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 name of the unnamed defendant, a summons shall be issued to defendant, and the USMS shall effect service once such service resumes in this District. The Clerk of the Court is respectfully directed to serve a copy of this Order on the pro se plaintiff. SO Ordered by Judge Gary R. Brown on 9/11/2020. (Tirado, Chelsea)
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| Filing 6 Second MOTION for Leave to Proceed in forma pauperis with AO239 by William Bohannon, III. (Tirado, Chelsea) |
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ORDER denying #2 Motion for Leave to Proceed in forma pauperis. On July 27, 2020, incarcerated pro se plaintiff William Bohannon, III (plaintiff) filed a complaint in this Court together with an application to proceed in forma pauperis. DE 1-2. For the reasons that follow, plaintiff's application to proceed in forma pauperis is denied without prejudice and with leave to renew upon filing the enclosed Application to Proceed in District Court without Prepaying Fees or Costs (Long Form) (AO 239) (Long Form). Alternatively, plaintiff may pay the $400.00 filing fee. To qualify for in forma pauperis status, the Supreme Court has long held that "an affidavit is sufficient which states that one cannot because of his poverty pay or give security for the costs [inherent in litigation] and still be able to provide himself and dependents with the necessities of life." Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331, 339 (1948) (internal quotation marks omitted). Plaintiff's application does not include sufficient information for the Court to make such finding. Plaintiff has written N/A in response to almost every question on the form. DE 2, 4-8. Although plaintiff indicates that he is presently incarcerated at the Suffolk County Correctional Facility and has not received income from any source in the past twelve months, his responses to the balance of the questions on the form do not permit the Court to assess his financial position. The Court finds that plaintiff can best set forth his current financial position on the Long Form. Accordingly, plaintiff's application to proceed in forma pauperis is denied without prejudice and with leave to renew upon filing the enclosed Long Form. Alternatively, plaintiff may pay the $400.00 filing fee. Plaintiff shall either file the Long Form or pay the filing fee within twenty (20) days of the date of this Order or this action will be dismissed without prejudice. The Court certifies pursuant to 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 any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to the pro se plaintiff together with the Application to Proceed in District Court without Prepaying Fees or Costs (Long Form) (AO 239). Ordered by Judge Gary R. Brown on 8/24/2020. c/ecf (Johnston, Linda)
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| Filing 5 Letter to pro se litigant William Bohannon III from the Pro Se Office acknowledging receipt of civil action. (Tirado, Chelsea) |
| Filing 4 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. (Cox, Dwayne) |
| Filing 3 Prisoner Authorization (Cox, Dwayne) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by William Bohannon, III. (Cox, Dwayne) |
| Filing 1 COMPLAINT against John Doe Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by William Bohannon, III. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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| Defendant: John Doe | |
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