Jefferson v. Soe et al

Filing 6

MEMORANDUM & ORDER granting 2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED and the Court ORDERS service of the Summonses and Complaint upon th e 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. 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 7/16/2015. C/M (Valle, Christine)

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

MEMORANDUM & ORDER
15-CV-2305(JS)(ARL)

-againstPOLICE OFFICER SAM SOE, and
COUNTY OF SUFFOLK,

Defendants.
-----------------------------------X
APPEARANCES
For Plaintiff:
Kevin L. Jefferson, pro se
8 Candlewood Road
N. Bay Shore, NY 11706
For Defendants:

No appearances.

SEYBERT, District Judge:
On April 22, 2015, pro se plaintiff Kevin L. Jefferson
(“Plaintiff”) filed a Complaint in this Court pursuant to 42 U.S.C.
§ 1983 (“Section 1983”) against an unidentified Suffolk County
Police Officer alleged to have stopped and questioned Plaintiff on
June 12, 2012 (“Sam Soe”), and the County of Suffolk (together,
“Defendants”)

(See

Compl.),

accompanied

by

an

application

to

declaration

in

support of the

proceed in forma pauperis.
Upon

review

of

the

application to proceed in forma pauperis, the Court finds that
Plaintiff is qualified to commence this action without prepayment
of

the

filing

fee.

See

28

U.S.C.

§§

1914(a);

1915(a)(1).

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 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
Police Officer who is identified in the Complaint as “Sam Soe” and
who is alleged to have stopped and questioned Plaintiff on June 12,
2012 and to provide the Court and Plaintiff the name and address
where this individual 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 to that
Defendant, and the USMS shall serve him.

The Suffolk County

Attorney need not undertake to defend or indemnify this individual
at this juncture.

This Order merely provides a means by which

2

Plaintiff may properly name and serve the unnamed Defendant as
instructed by the Second Circuit in Valentin.
CONCLUSION
For the reasons set forth above, 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 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 Police Officer who is described in the Complaint and to
provide the name and address where this Defendant can be served to
the Court and 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 name of the
unnamed Defendant, a Summons shall be issued as to that Defendant,
and the USMS shall serve him.
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).

3

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: July
16 , 2015
Central Islip, New York

4