Arroyo v. Police Officer John Doe et al

Filing 6

MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's application to proceed in forma pauperis is GRANTED and the Court orders service of the Summonses and Complaint upon Defendants by the USMS. The Clerk of the Court shall serve a copy of the Complaint together with this Order on the Nassau County Attorney and the Nassau County Attorney's Office is requested to attempt to ascertain the full names of the Defendants and to provide to the Court a nd to Plaintiff their names and addresses where each such Defendant can be served within thirty (30) days of service of this Order. Once the information is provided to the Court, Plaintiff's Complaint shall be deemed amended to reflect the full names of the unnamed Defendants, Summonses shall be issued, and the USMS shall serve the Defendants. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. So Ordered by Judge Joanna Seybert on 12/5/2013. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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GUSTAVO ARROYO,
Plaintiff,

MEMORANDUM & ORDER
13-CV-5228(JS)(GRB)

-againstPOLICE OFFICER JOHN DOE/Nassau
County Police Department, and
POLICE OFFICER JOHN DOE/Nassau
County Police Department, in their
individual and official capacity,

Defendants.
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APPEARANCES
For Plaintiff:
Gustavo Arroyo, pro se
11008100
Nassau County Correctional Center
100 Carman Avenue
East Meadow, NY 11554
For Defendants:

No appearances.

SEYBERT, District Judge:
On September 13, 2013, incarcerated pro se plaintiff
Gustavo Arroyo (“Plaintiff”) filed a Complaint in this Court
pursuant to 42 U.S.C. § 1983 (“Section 1983”) against two “John
Doe” defendants who are alleged to be employed as Nassau County
police

officers

(together,

“Defendants”),

accompanied

by

an

application to proceed in forma pauperis.
Upon

review

of

the

declaration

in

support

of

the

application to proceed in forma pauperis, the Court finds that
Plaintiff’s financial status qualifies him to commence this action
without prepayment of the filing fee.
1915(a)(1).

See 28 U.S.C. §§ 1914(a);

Therefore, Plaintiff’s request to proceed in forma

pauperis is GRANTED.

Accordingly, the Court orders service of the

Summonses and Complaint upon the Defendants by the United States
Marshal Service (“USMS”).
However, the USMS will not be able to effect service of
the

Summonses

and

Complaint

on

the

Defendants

without

more

information. The Second Circuit has held that district courts must
provide incarcerated pro se litigants with reasonable assistance in
investigating the identity of such “John Doe” defendants.

See

Valentin v. Dinkins, 121 F.3d 72, 75–76 (2d Cir. 1997) (per
curiam). Accordingly, the Court ORDERS that the Clerk of the Court
serve a copy of the Complaint together with this Order on the
Nassau County Attorney.

The Nassau County Attorney’s Office is

requested to attempt to ascertain the full names of Defendants and
to

provide

to

the

Court

and

to

Plaintiff

their

names

and

address(es) where each such Defendant can be served within thirty
(30) days of service of this Order.

Once the information is

provided to the Court, Plaintiff’s Complaint shall be deemed
amended to reflect the full names of the unnamed Defendants,
Summonses shall be issued, and the USMS shall serve the Defendants.
CONCLUSION
Plaintiff’s application to proceed in forma pauperis is
GRANTED and the Court orders service of the Summonses and Complaint
upon Defendants by the USMS.

The Clerk of the Court shall serve a

copy of the Complaint together with this Order on the Nassau County
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Attorney and the Nassau County Attorney’s Office is requested to
attempt to ascertain the full names of the Defendants and to
provide to the Court and to Plaintiff their names and addresses
where each such Defendant can be served within thirty (30) days of
service of this Order.

Once the information is provided to the

Court, Plaintiff’s Complaint shall be deemed amended to reflect the
full names of the unnamed Defendants, Summonses shall be issued,
and the USMS shall serve the Defendants.
The Clerk of the Court is further directed to mail a copy
of this Memorandum and Order to the pro se Plaintiff.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
that any appeal from this Order would not be taken in good faith
and therefore in forma pauperis status is DENIED for the purpose of
any appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: December
5 , 2013
Central Islip, New York

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