McCallum v. The City of New York et al
| Douglas McCallum |
| NYCPD, The City of New York and John Doe Officer |
| 1:2022cv00081 |
| January 4, 2022 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Robert W Lehrburger |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 9
INFORMATION PACKAGE MAILED to Douglas McCallum 60 Clark Avenue Apt. B Staten Island, NY 10430, at, on 2/16/2022 Re: #7 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, Order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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| Filing 8 SUMMONS ISSUED as to The City of New York. (aan) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 2/16/2022 Re: Judge Paul A. Engelmayer #7 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) The City of New York. (aan) |
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Filing 7
ORDER OF SERVICE: Plaintiff has named the NYCPD - presumably the New York City Police Department - as defendant. The NYCPD, however, is not an entity that can be sued. Jenkins v. City Of New York, 478 F.3d 76, 93 (2d Cir. 2007). In light of Plaintiff's pro se status, the Court construes the Complaint as asserting claims against the City of New York (City) and respectfully directs the Clerk of Court to amend the caption of this action to (1) replace the NYCPD with the City, and, for reasons discussed below, (2) add "John Doe Officer" as a defendant. Service Of Process, To allow Plaintiff, proceeding pro se, to effect service on Defendant City through the U.S. Marshals Service, the Clerk of Court is instructed to complete a U.S. Marshals Service Process receipt and Return Form (USM-285 form) for the Defendant at the address listed: The City of New York, New York City Law Department, 100 Church Street, New York, NY 10007. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon the Defendant. Valentin Order, Plaintiff's complaint names only the NYCPD as a Defendant and does not name any individual defendants or John Doe defendants. Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying John Doe defendants. 121 F.3d 72, 76 (2d Cir. 1997). The complaint alleges that an unidentified member of the NYCPD falsely arrested and assaulted Plaintiff on December 15, 2019. The complaint provides information regarding Plaintiff's complaint filed with the New York City Civilian Complaint Review Board. The complaint thus appears to supply sufficient information for the City to identify the unidentified police officer. Accordingly, the Court orders the New York City Law Department to ascertain the identity of the unknown police officer and file its finding on the docket by March 4, 2022. Plaintiff's Responsibilities, It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if his address changes; the Court may dismiss the action if Plaintiff fails to do so. SO ORDERED. Copies transmitted this date to all counsel of record. The Clerk of Court is respectfully requested to mail a copy of this order to the pro se Plaintiff and note service on the docket: Douglas McCallum, 60 Clark Avenue Apt. B, Staten Island, NY 10430. Party The City of New York and John Doe Officer, The City of New York and John Doe Officer added. Party NYCPD terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 2/15/2022) (mml) Transmission to Pro Se Assistants for processing.
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Filing 6
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Paul A. Engelmayer on 2/11/2022) (tg)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 2/11/2022) (vn) Transmission to Docket Assistant Clerk for processing.
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| Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case..(bcu) |
| NOTICE OF REASSIGNMENT TO CHIEF JUDGE SWAIN, DONE IN ERROR. (laq) |
| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Douglas McCallum consents to receive electronic service via the ECF system. Document filed by Douglas McCallum. (sac) |
| Filing 2 COMPLAINT against NYCPD. Document filed by Douglas McCallum. (sac) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Douglas McCallum. (sac) |
| Case Designated ECF. (sac) |
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