Jefferson v. Rosenblatt et al

Filing 6

MEMORANDUM & 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 Summons and Complaint upon the Defendants by the USMS. The Clerk of the Court is further ordered to serve a copy of the Complaint together with this Order on the Suffolk County Attorney and the Suffolk County Attorney's Office is requested to attempt to ascertain the full name of the unidentified Suffolk Coun ty Corrections Officer who is described in the Complaint and to provide his name and address where this Defendant can be served to the Court and to Plaintiff within thirty (30) days of the date that this Order is served upon it. 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. The Clerk of the Court is further directed to mail a copy of this Memorandum and Order to the pro se Plaintiff. So Ordered by Judge Joanna Seybert on 1/16/2014. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
KEVIN L. JEFFERSON,
Plaintiff,

MEMORANDUM & ORDER
13-CV-5918(JS)(ARL)

-againstCRAIG ROSENBLATT, SERGEANT SEVAJIO,
JOHN DOE, and COUNTY OF SUFFOLK,

Defendants.
----------------------------------X
APPEARANCES
For Plaintiff:
Kevin L. Jefferson, pro se
6 Boonar Street
Mastic, NY 11950
For Defendants:

No appearances.

SEYBERT, District Judge:
On October 25, 2013, pro se plaintiff Kevin L. Jefferson
(“Plaintiff”) filed an in forma pauperis civil rights Complaint
pursuant to 42 U.S.C. § 1983 (“Section 1983”) against Suffolk
County Corrections Officer Craig Rosenblatt (“C.O. Rosenblatt”),
Suffolk County Corrections Sergeant Sevajio (“Sgt. Sevajio”), an
unnamed Suffolk County Corrections Officer identified by Plaintiff
as

“John

Doe”,

and

the

County

of

Suffolk

(collectively,

“Defendants”).
Upon review of the declaration accompanying Plaintiff’s
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 fees. See 28 U.S.C. § 1915(a)(1).
Accordingly, Plaintiff’s application to proceed in forma pauperis
is GRANTED and the Court ORDERS service of the Summonses and

Complaint upon the Defendants by the United States Marshals Service
(“USMS”).
However, the USMS will not be able to effect service of
the Summons and the Complaint on the unidentified Defendant without
more information. The Second Circuit has held that district courts
must

provide

pro

se

litigants

with

reasonable

assistance

investigating the identity of such “John Doe” defendants.

in
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
Suffolk County Attorney.

The Suffolk County Attorney’s Office is

requested to attempt to ascertain the full name of the unnamed
Suffolk

County

Corrections

Officer

who

is

described

in

the

Complaint (see Compl. at ¶ 2 and n. 1.) and to provide to the Court
and to Plaintiff his name and address where he can be served within
thirty (30) days of the date that this Order is served upon it.
Once the information is provided to the Court by the Suffolk County
Attorney’s Office, Plaintiff’s Complaint shall be deemed amended to
reflect the full name of the unnamed Defendant, a Summons shall be
issued

as

Defendant.

to

that

Defendant,

and

the

USMS

shall

serve

that

The Suffolk County Attorney need not undertake to

defend or indemnify this individual at this juncture.

This Order

merely provides a means by which Plaintiff may properly name and
serve the unnamed Defendant as instructed by the Second Circuit in
2

Valentin.
Plaintiff’s

Complaint

against

C.O.

Rosenblatt,

Sgt.

Sevajio, and the County of Suffolk shall proceed. The Clerk of the
Court is directed to issue Summonses for each of these Defendants
and to forward copies of the Summonses, the Complaint, and this
Order to the USMS for service upon C.O. Rosenblatt, Sgt. Sevajio,
and the County of Suffolk.
CONCLUSION
Plaintiff’s application to proceed in forma pauperis is
GRANTED and the Court ORDERS service of the Summons and Complaint
upon the Defendants by the USMS.

The Clerk of the Court is further

ordered to serve a copy of the Complaint together with this Order
on the Suffolk County Attorney and the Suffolk County Attorney’s
Office is requested to attempt to ascertain the full name of the
unidentified Suffolk County Corrections Officer who is described in
the Complaint and to provide his name and address where this
Defendant can be served to the Court and to Plaintiff within thirty
(30) days of the date that this Order is served upon it.
information

is

provided

to

the

Court

by

the

Once the

Suffolk

County

Attorney’s Office, Plaintiff’s Complaint shall be deemed amended to
reflect the full name of the unnamed Defendant, a Summons shall be
issued

as

to

that

Defendant,

and

the

USMS

shall

serve

that

Defendant.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3)
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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).
The Clerk of the Court is further directed to mail a copy
of this Memorandum and Order to the pro se Plaintiff.

SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: January
16 , 2014
Central Islip, New York

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