Pietsch v. Marcantonio et al

Filing 24

MEMORANDUM AND ORDER - The Clerk of the Court is DIRECTED to issue a Summons against Marcantonio and forward it to the USMS together with the Complaint, the Court's November 18, 2013 Order (Docket Entry 8), and this Order for service upon Marcan tonio. Plaintiff's request to subpoena Hofstra's President and its Director of Public Safety to identify Marcantonio is DENIED because the request is premature at this time. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 5/15/2014. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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WALTER G. PIETSCH,
Plaintiff,
-against-

MEMORANDUM & ORDER
13-CV-4696(JS)(WDW)

POLICE OFFICER VITO MARCANTONIO,
SHIELD # 299; HOFSTRA UNIVERSITY;
COMMISSION ON PRESIDENTIAL DEBATES;
DEMOCRATIC NATIONAL COMMITTEE;
REPUBLICAN NATIONAL COMMITTEE; and
STUART RABINOWITZ,
Defendants.
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APPEARANCES
For Plaintiff:
Walter G. Pietsch, pro se
P.O. Box 10057
Westbury, NY 11590
For Defendants:

No appearances.

SEYBERT, District Judge:
On May 5, 2014, the Court received a process receipt and
return from the United States Marshals Service (“USMS”) indicating
that the USMS was unable to serve Defendant Police Officer Vito
Marcantonio (“Marcantonio”) at the address previously provided by
the Court.

(Docket Entry 22.)

Based upon pro se Plaintiff’s

filings herein, it is unclear whether Marcantonio is a police
officer or a public safety official employed by Hofstra University
(“Hofstra”).

The Court therefore reauthorizes service of the

Summons and Complaint at Hofstra, to the extent that Marcantonio
is employed in any capacity by Hofstra.

The Clerk of the Court is DIRECTED to issue a Summons
against Marcantonio and forward it to the USMS together with the
Complaint, the Court’s November 18, 2013 Order (Docket Entry 8),
and this Order for service upon Marcantonio.

The Summons shall be

addressed to Vito Marcantonio and it shall not include the title
of Police Officer.

In addition, the Clerk of the Court shall

provide the USMS with the following description of Marcantonio
provided by Plaintiff:

“White Male; six feet tall (+); Wearing

Shield # 299 at about 5PM on October 16, 2012; age: appeared to be
early 30’s, completely bald.”
The
addresses

USMS

provided

shall
by

attempt

Plaintiff:

service
(1)

at

Hofstra

the

following

University,

144

Hofstra University, Hempstead, NY 11549; (2) Hofstra University’s
Department of Public Safety and Information Center, Hempstead
Turnpike

and

California

Avenue,

Hempstead,

NY

11550;

and

(3) Hofstra University, 1000 Fulton Avenue, Hempstead, NY 11550.
Plaintiff’s request to subpoena Hofstra’s President and
its Director of Public Safety to identify Marcantonio is DENIED
because the request is premature at this time.

2

The Clerk of the Court is directed to mail a copy of
this Order to pro se Plaintiff.

SO ORDERED.
/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

May
15 , 2014
Central Islip, New York

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