Vallen v. Pierre et al

Filing 7

MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, the application to proceed in forma pauperis is GRANTED, and the Court ORDERS service of the Summonses and Complaint by the USMS. The Cle rk of the Court shall forward a copy of the Complaint together with this Order to the New York State Attorney General, and the New York State Attorney General's Office shall attempt to ascertain the full names of the unnamed Defendants as set fo rth above and shall provide to the Court and to Plaintiff the names and address(es) where each such Defendant can be served within thirty (30) days of the date that this Order is served upon it. The Court certifies pursuant to 28 U.S.C. § 191 5(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 1/27/2014. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
BARRY VALLEN,
Plaintiff,

MEMORANDUM & ORDER
13-CV-6541(JS)(ARL)

-againstMARIE PIERRE, CHEYRL [sic] DENTON,
LAURA ANTINI, JANE and JOHN
DOES, so called 7th Floor
Administraters [sic],

Defendants.
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APPEARANCES
For Plaintiff:
Barry Vallen, pro se
142991
Pilgrim State Psychiatric Ctr.
B81-W502
998 Crooked Hill Rd.
Brentwood, NY 11717
For Defendants:

No appearance

SEYBERT, District Judge:
On November 20, 2013, pro se plaintiff Barry Vallen
(“Plaintiff”) filed a civil rights Complaint in this Court against
Marie Pierre, Cheyrl [sic] Denton, Laura Antini, and unnamed “Jane
and John Does” alleged to be “7th Floor Administraters” [sic]
(collectively,

“Defendants”)

pursuant

to

42

U.S.C.

§

1983.

Plaintiff’s Complaint is accompanied by an application to proceed
in forma pauperis.

Upon review of Plaintiff’s declaration in

support of his 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.
§ 1915(a)(1).

See 28 U.S.C.

Accordingly, Plaintiff’s application to proceed in

forma pauperis is GRANTED and the Court orders service of the
Complaint by the United States Marshals Service (“USMS”) without
prepayment of the filing fee.
However, the USMS will not be able to effect service on
the unnamed Defendants without more information.

The Second

Circuit has held 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

is directed to serve a copy of the Complaint together with this
Order on the New York State Attorney General.

The New York State

Attorney General’s Office is requested to attempt to ascertain the
full names of the “Jane/John Doe” Administrators assigned to the
Seventh Floor at the Pilgrim State Psychiatric Hospital who are
alleged to have ordered the searches of Plaintiff’s room as
described in the Complaint. The New York State Attorney General is
requested to provide to the Court and to Plaintiff the names and
address(es) where each such Defendant 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 New York State Attorney
General’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.
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CONCLUSION
For the reasons set forth above, the application to
proceed in forma pauperis is GRANTED, and the Court ORDERS service
of the Summonses and Complaint by the USMS.

The Clerk of the Court

shall forward a copy of the Complaint together with this Order to
the New York State Attorney General, and the New York State
Attorney General’s Office shall attempt to ascertain the full names
of the unnamed Defendants as set forth above and shall provide to
the Court and to Plaintiff the names and address(es) where each
such Defendant 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 Attorney General’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.
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).

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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
27 , 2014
Central Islip, New York

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