Silva et al v. John Doe 1 et al

Filing 11

ORDER re 7 , 10 . In light of the information provided by the United States Attorneys Office, the plaintiff is directed to write a letter to the Court: (1) indicating whether Warden Kimberly Ask-Carlson and Health Services Administrator Hossam Geo rgy are the parties referenced in his Complaint; if so, the Court will deem his Complaint amended to name those parties, and (2) providing further descriptions of the remaining doe defendants so that the USAO may ascertain their identities. The plaintiff should file his letter by 11/26/2017. So Ordered by Magistrate Judge Cheryl L. Pollak on 10/20/2017. (Blase, Brendan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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RUBEN SILVA,
Plaintiff,
ORDER
17 CV 3533 (LDH) (CLP)

-againstWARDEN JOHN DOE #1 et al.,
Defendants.
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POLLAK, United States Magistrate Judge:

On June 9, 2017, plaintiff Ruben Silva, who is currently incarcerated at the Federal
Correctional Institution Devens in Massachusetts, filed this pro se action against defendants
under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388
(1971). 1 Plaintiff alleges that on or about September 23, 2014, while incarcerated at the
Metropolitan Detention Center in Brooklyn, he was denied prescribed medication which caused
him to sustain vision loss and required subsequent hospitalization.
The Court previously ordered the United States Attorney for the Eastern District of New
York to ascertain the full name of the individuals whom plaintiff identified as Warden John Doe,
Medical Administrator Jane Doe, Medical Staff Member Jane Doe, Nurse Jane Doe, and
Corrections Officer John Doe, all of whom are alleged to have been employed at the
Metropolitan Detention Center. (See Order 2 at 2). The United States Attorney for the Eastern

1

As the Court explained in its July 13, 2017 Order, plaintiff’s claims against federal
officials are properly analyzed under Bivens rather than 42 U.S.C. § 1983, as the statute applies
only to state officials.
2

Citations to “Order” refer to the Court’s Order, July 13, 2017, ECF No. 7.

1

District of New York filed a letter in response to the Court’s Order on October 6, 2017. (See
Letter, 3 October 6, 2017). That letter identified Warden John Doe as Kimberly Ask-Carlson, and
advised that she may be served at MDC Brooklyn, 80 29th Street, Brooklyn, New York 112332.
(Id. at 1). The letter also identified Medical Administrator Jane Doe as Hossam Georgy, the
Health Services Administrator at MDC Brooklyn, and the letter advises that Hossam Georgy
may be served at MCC New York, 150 Park Row, New York, New York 10007. (Id.)
The letter further advised that the United States Attorney’s Office will need more
information in order to identify the remaining John and Jane Doe defendants. (Id.) Specifically,
the letter requests that the plaintiff provide the gender, physical characteristics, and any other
information he possesses that might assist in identifying the remaining defendants. (Id. at 1-2).
In light of the information provided by the United States Attorney’s Office for the
Eastern District of New York, the plaintiff is directed to write a letter to the Court indicating
whether Warden Kimberly Ask-Carlson and Health Services Administrator Hossam Georgy are
the parties referenced in his Complaint. If so, the Court will deem his Complaint to be amended
to include Ask-Carlson and Georgy and will direct the United States Marshals Service to effect
service on those parties.
As for the remaining unidentified defendants, plaintiff should provide the Court with
further descriptions, such as gender, height, weight, age, and race, if available, so that the United
States Attorney’s Office may ascertain their identities.
The plaintiff should file a letter with the Court providing the information requested above

3

Citations to “Letter” refer to the Letter filed by the United States Attorney for the Eastern
District of New York on October 6, 2017, ECF No. 10.

2

no later than November 26, 2017.
The Clerk is directed to send copies of this Order to the parties either electronically
through the Electronic Case Filing (ECF) system or by mail.
SO ORDERED.
Dated: Brooklyn, New York
October 20, 2017
/s/ Cheryl L. Pollak
Cheryl L. Pollak
United States Magistrate Judge
Eastern District of New York

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