Alexander et al v. The City of New York et al

Filing 6

ORDER granting 2 Motion for Leave to Proceed in forma pauperis -- For the reasons stated in the attached Order, Plaintiff's 2 request to proceed in forma pauperis is GRANTED. The Clerk of Court is directed to issue a su mmons as to each Defendant, and the United States Marshals Service is directed to serve the summonses and the Complaint upon Defendants without prepayment of fees. The Clerk of Court is also directed to electronically serve a copy of the summons, com plaint and this Order on the Corporation Counsel of the City of New York, Special Federal Litigation Division. The Clerk of Court is respectfully directed to send a copy of this Order to the pro se petitioner. At this juncture, the Com plaint shall proceed as to John Doe Defendants, once identified by the Corporation Counsel. The Court respectfully requests that the Corporation Counsel for the City of New York ascertain the full names and service addresses of the John Doe Defendant s as set forth in the Complaint. Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam). The information should be provided to the Court within sixty (60) days from the date of this Order. Ordered by Magistrate Judge Joseph A. Marutollo on 3/12/2025. (EG)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------------X ZION ALEXANDER, Plaintiff, v. OPINION & ORDER No. 25-CV-1205 (Gujarati, J.) (Marutollo, M.J.) THE CITY OF NEW YORK; PATRICIA (PATSY) YANG; OFFICER FALK; JOHN and JANE DOES 1-4, Defendants, ----------------------------------------------------------------------X JOSEPH A. MARUTOLLO, United States Magistrate Judge: Plaintiff’s application to proceed in forma pauperis under 28 U.S.C. § 1915 is granted. ECF No. 2. The Clerk of Court is directed to issue summonses against the City of New York, New York City Department of Correction employees Patricia “Patsy” Yang and Correction Officer Ms. Falk. Dkt. No. 1 at 2. The United States Marshals Service is directed to serve the summons, complaint, and a copy of this Order upon the named defendants without prepayment of fees. Plaintiff also names four Doe defendants. Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997), the Court respectfully directs the Office of the Corporation Counsel for the City of New York (“Corporation Counsel”) to ascertain the full names and service addresses of the John and Jane Doe defendants involved in the incidents alleged in the complaint. Corporation Counsel need not undertake to defend or indemnify these individuals at this juncture. This Order merely provides a means by which plaintiff may name and properly serve the defendants as instructed by the Second Circuit in Valentin. The information shall be provided in a letter filed with the Court within 60 days from the date of this Order. The Clerk of Court is also directed to send a courtesy copy of the summons, complaint and this Order to the Corporation Counsel of the City of New York, Special Federal Litigation Division, and to send a copy of this Order to the pro se Plaintiff. Dated: March 11, 2025 Brooklyn, New York SO ORDERED. /s/ Joseph A. Marutollo JOSEPH A. MARUTOLLO United States Magistrate Judge 2

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