Fidelman v. Couny of Suffolk et al

Filing 5

ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is directed to forward copies of the summonses, the complaint, the notice of hearing dated December 2, 1014 and this Order to the United States Marshal Service (&qu ot;USMS") for service upon the defts without prepayment of fees, and to mail a copy of this Order to the pro se plaintiff at his last known address. the Clerk of the Court shall serve a copy of the complaint together with this order on the Suffo lk County Attorney and the Suffolk County Attorney's Office is requested to attempt to ascertain the full names of the "John Doe" Suffolk County police officers described in the complaint and to provide their names and address(es) wher e each such deft can be served to the Court and to plaintiff 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 names of the unnamed defts, summonses shall be issued as to those defts, and the USMS shall serve those defts. CM with 4 notice of hearing to pro se plaintiff and cm with 1 complaint to the Suffolk County Attorney's Office. Ordered by Judge Sandra J. Feuerstein on 12/2/2013. (Florio, Lisa)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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EVAN FIDELMAN,
Plaintiff,
ORDER
13-CV-6448(SJF)(AKT)

-againstCOUNTY OF SUFFOLK, POLICE
OFFICER PERRY SMITH, III, POLICE
OFFICERS JOHN DOES 1-5, the names of
which are fictitious, individually,
Defendants.

FILED
IN CLERKS OFFICE
U S DISTRIC1 COURT E D NY

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l).;,L; ~2

2013

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LONG ISLAND OFFICE

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FEUERSTEIN, District Judge:

On November 20, 2013,pro se plaintiff Evan Fidelman ("plaintiff')' commenced this
action against the County of Suffolk, Police Officer Perry Smith, ITI, and five "John Doe" police
officers (collectively, "defendants") pursuant to 28 U.S.C. § 1983 ("Section 1983").
Accompanying the complaint is an application to proceed in forma pauperis.
Upon review of plaintiffs declaration in support of his application to proceed in forma

pauperis, plaintiffs financial status qualifies him to commence this action without prepayment
of the filing fees. See 28 U.S.C. § 1915(a)(1). Accordingly, plaintiffs application to proceed in

forma pauperis is GRANTED. The Clerk of Court is directed to forward copies of the
sununonses, the complaint, the notice of hearing dated December 2, 1014 and this Order to the
United States Marshal Service ("USMS") for service upon the defendants without prepayment of
fees, and to mail a copy of this Order to the pro se plaintiff at his last known address.
However, the USMS will not be able to effect service of the sununonses and the
complaint on the unnamed defendants without more information. The Second Circuit has held

'Given plaintiffs prose status, his claim for attorney's fees pursuant to 42 U.S.C.
1988(b) is dismissed. Kay v. Ehrler, 499 U.S. 432,433, 111 S. Ct. 1435, 113 L. Ed. 2d 486
(1991).

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that district courts must provide 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 Clerk of the Court shall 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 names of the "John Doe" Suffolk County
police officers described in the complaint and to provide their names and address(es) where each
such defendant can be served to the Court and to plaintiff 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 names of the
unnamed defendants, summonses shall be issued as to those defendants, and the USMS shall
serve those defendants.

SO ORDERED.

s/ Sandra J. Feuerstein
Sandra J. Feuerstein
United States District Judge

Dated: December 2, 2013
Central Islip, New York

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