GLADU v. MAGNUSSON et al

Filing 118

ORDER granting in part 104 Motion for Assistance Identifying Unknown Defendants. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NICHOLAS A. GLADU,
Plaintiff
v.
MATTHEW MAGNUSSON, et al.,
Defendants

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1:22-cv-00134-LEW

ORDER ON MOTION FOR ASSISTANCE
IDENTIFYING UNKNOWN DEFENDANTS
Plaintiff, who is proceeding pro se, has moved the Court for assistance in identifying
the unknown individuals named as defendants in this matter. (Motion for Assistance, ECF
No. 104.) Defendants Hancox and Liberty contend the relief is not required because
Plaintiff has demonstrated an ability to conduct discovery and presumably has requested
or could request through discovery that Defendants Hancox and Liberty identify the
unknown defendants.
Courts have recognized that a pro se litigant is entitled to assistance in identifying
unknown defendants. See e.g., Kravitz v. Purcell, 87 F.4th 111, 118 (2d Cir. 2023) (citing
Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997)); Bryant v. City of Chicago, 746 F.3d 239,
244 (7th Cir. 2014) (citing Donald v. Cook Cnty. Sheriff’s Dept., 95 F.3d 548, 555 (7th Cir.
1996)). In their response to Plaintiff’s motion, Defendants suggest that Plaintiff might have
served discovery requests that ask the Defendant Hancox to identify the unknown
defendants. If so, Plaintiff’s motion might be unnecessary or premature.

Nevertheless, because the Court cannot on the current record confirm that Plaintiff’s
discovery requests address the issue, the Court grants in part Plaintiff’s motion. Regardless
of whether Plaintiff’s discovery initiatives seek the identity of the unknown defendants, to
the extent Defendants Hancox and Liberty can identify the unknown defendants,
Defendants Hancox and Liberty shall provide the identifying information to Plaintiff.
NOTICE
Any objections to this Order shall be filed in accordance with Federal Rule of Civil
Procedure 72.
/s/ John C. Nivison
U.S. Magistrate Judge
Dated this 5th day of June, 2024.

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