Johnson v. City of New York

Filing 5

ORDER OF SERVICE: The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with the addresses for the City of New York; P.O. Jaylene Rodriguez, Shield #12800, NYPD, 41st Precinct; and Sgt. Jose Rosa, Tax Reg. # 42474, Sergeant Desk Officer, 41st Precinct, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, New York 10007. The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together with an information package. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/11/2022) (rro) Transmission to Pro Se Assistants for processing.

Case 1:21-cv-10535-VSB Document 5 Filed 01/11/22 Page 1 of 11

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GLENN JOHNSON,
Plaintiff,
-againstCITY OF NEW YORK; P.O. JAYLENE
RODRIGUEZ, SHIELD #12800, NYPD, 41st
PRECINCT; SGT. JOSE ROSA, TAX REG. #
42474, SERGEANT DESK OFFICER, 41st
PRECINCT; P.O. JOHN DOE, NYPD, 41st
PRECINCT; P.O. JOHN DOE, NYPD, 41st
PRECINCT,

21-CV-10535 (VSB)
ORDER OF SERVICE

Defendants.
VERNON S. BRODERICK, United States District Judge:
Plaintiff, who is appearing pro se, brings this action under 42 U.S.C. § 1983, alleging he
that was falsely arrested, maliciously prosecuted, and falsely imprisoned. By order dated January
10, 2022, the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in
forma pauperis (IFP).
DISCUSSION
A.

Service on the City of New York; P.O. Jaylene Rodriguez, Shield #12800, NYPD,
41st Precinct; and Sgt. Jose Rosa, Tax Reg. # 42474, Sergeant Desk Officer,
41st Precinct
Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely

on the Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717 F.3d. 119, 123
n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve
all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals
Service to serve if the plaintiff is authorized to proceed IFP)). Although Rule 4(m) of the Federal
Rules of Civil Procedure generally requires that summonses and the complaint be served within

Case 1:21-cv-10535-VSB Document 5 Filed 01/11/22 Page 2 of 11

90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served
summonses and the complaint until the Court reviewed the complaint and ordered that
summonses be issued. The Court therefore extends the time to serve until 90 days after the date
summonses are issued. If the complaint is not served within that time, Plaintiff should request an
extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that
it is the plaintiff’s responsibility to request an extension of time for service); see also Murray v.
Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff proceeding IFP] provides
the information necessary to identify the defendant, the Marshals’ failure to effect service
automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule
4(m).”).
To allow Plaintiff to effect service on Defendants the City of New York; P.O. Jaylene
Rodriguez, Shield #12800, NYPD, 41st Precinct; and Sgt. Jose Rosa, Tax Reg. # 42474, Sergeant
Desk Officer, 41st Precinct, through the U.S. Marshals Service, the Clerk of Court is instructed
to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for each
of these defendants. The Clerk of Court is further instructed to issue summonses and deliver to
the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon
these defendants.
Plaintiff must notify the Court in writing if his address changes, and the Court may
dismiss the action if Plaintiff fails to do so.
B.

John Doe Defendants
Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court

in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies
sufficient information to permit the New York City Police Department, to identify the two John
Doe police officers involved in Plaintiff’s October 8, 2020 arrest. It is therefore ordered that the
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New York City Law Department, which is the attorney for and agent of the New York City Police
Department, must ascertain the identity and badge number of each John Doe whom Plaintiff
seeks to sue here and the address where the defendants may be served. The New York City Law
Department must provide this information to Plaintiff and the Court within sixty days of the date
of this order.
Within thirty days of receiving this information, Plaintiff must file an amended complaint
naming the John Doe defendants. The amended complaint will replace, not supplement, the
original complaint. An amended complaint form that Plaintiff should complete is attached to this
order. Once Plaintiff has filed an amended complaint, the Court will screen the amended
complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285
forms with the addresses for the named John Doe Defendants and deliver all documents
necessary to effect service to the U.S. Marshals Service.
CONCLUSION
The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with
the addresses for the City of New York; P.O. Jaylene Rodriguez, Shield #12800, NYPD,
41st Precinct; and Sgt. Jose Rosa, Tax Reg. # 42474, Sergeant Desk Officer, 41st Precinct, and
deliver all documents necessary to effect service to the U.S. Marshals Service.
The Clerk of Court is directed to mail a copy of this order and the complaint to the New
York City Law Department at: 100 Church Street, New York, New York 10007.

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The Clerk of Court is further directed to mail a copy of this order to Plaintiff, together
with an information package.
SO ORDERED.
Dated: January 11, 2022
New York, New York
VERNON S. BRODERICK
United States District Judge

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DEFENDANTS AND SERVICE ADDRESSES
City of New York
100 Church Street
New York, New York 10007
P.O. Jaylene Rodriguez, Shield #12800
NYPD, 41st Precinct
1035 Longwood Avenue
Bronx, New York 10459
Sgt. Jose Rosa, Tax Reg. # 42474
Sergeant Desk Officer, 41st Precinct
1035 Longwood Avenue
Bronx, New York 10459

Case 1:21-cv-10535-VSB Document 5 Filed 01/11/22 Page 6 of 11

U NITED S TATES D ISTRICT C OURT
S OUTHERN D ISTRICT OF N EW Y ORK

_____CV_______________
(Include case number if one has been
assigned)

Write the full name of each plaintiff.

AMENDED
-against-

COMPLAINT
(Prisoner)
Do you want a jury trial?
Yes
No

Write the full name of each defendant. If you cannot fit the
names of all of the defendants in the space provided, please
write “see attached” in the space above and attach an
additional sheet of paper with the full list of names. The
names listed above must be identical to those contained in
Section IV.

NOTICE
The public can access electronic court files. For privacy and security reasons, papers filed
with the court should therefore not contain: an individual’s full social security number or full
birth date; the full name of a person known to be a minor; or a complete financial account
number. A filing may include only: the last four digits of a social security number; the year of
an individual’s birth; a minor’s initials; and the last four digits of a financial account number.
See Federal Rule of Civil Procedure 5.2.

Rev. 5/20/16

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I.

LEGAL BASIS FOR CLAIM

State below the federal legal basis for your claim, if known. This form is designed primarily for
prisoners challenging the constitutionality of their conditions of confinement; those claims are
often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or in a
“Bivens” action (against federal defendants).
Violation of my federal constitutional rights
Other:

II.

PLAINTIFF INFORMATION

Each plaintiff must provide the following information. Attach additional pages if necessary.

First Name

Middle Initial

Last Name

State any other names (or different forms of your name) you have ever used, including any name
you have used in previously filing a lawsuit.

Prisoner ID # (if you have previously been in another agency’s custody, please specify each agency
and the ID number (such as your DIN or NYSID) under which you were held)

Current Place of Detention

Institutional Address

County, City

III.

State

Zip Code

PRISONER STATUS

Indicate below whether you are a prisoner or other confined person:
Pretrial detainee
Civilly committed detainee
Immigration detainee
Convicted and sentenced prisoner
Other:

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IV.

DEFENDANT INFORMATION

To the best of your ability, provide the following information for each defendant. If the correct
information is not provided, it could delay or prevent service of the complaint on the defendant.
Make sure that the defendants listed below are identical to those listed in the caption. Attach
additional pages as necessary.
Defendant 1:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 2:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 3:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

Defendant 4:

First Name

Last Name

Shield #

Current Job Title (or other identifying information)
Current Work Address
County, City

State

Zip Code

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V.

STATEMENT OF CLAIM

Place(s) of occurrence:

Date(s) of occurrence:
FACTS:

State here briefly the FACTS that support your case. Describe what happened, how you were
harmed, and how each defendant was personally involved in the alleged wrongful actions. Attach
additional pages as necessary.

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INJURIES:

If you were injured as a result of these actions, describe your injuries and what medical treatment,
if any, you required and received.

VI.

RELIEF

State briefly what money damages or other relief you want the court to order.

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VII.

PLAINTIFF’S CERTIFICATION AND WARNINGS

By signing below, I certify to the best of my knowledge, information, and belief that: (1) the
complaint is not being presented for an improper purpose (such as to harass, cause unnecessary
delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law
or by a nonfrivolous argument to change existing law; (3) the factual contentions have
evidentiary support or, if specifically so identified, will likely have evidentiary support after a
reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise
complies with the requirements of Federal Rule of Civil Procedure 11.
I understand that if I file three or more cases while I am a prisoner that are dismissed as
frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in
future cases.
I also understand that prisoners must exhaust administrative procedures before filing an action
in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be
dismissed if I have not exhausted administrative remedies as required.
I agree to provide the Clerk's Office with any changes to my address. I understand that my
failure to keep a current address on file with the Clerk's Office may result in the dismissal of my
case.

Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to
proceed without prepayment of fees, each plaintiff must also submit an IFP application.

Dated
First Name

Plaintiff’s Signature
Middle Initial

Last Name

Prison Address
County, City

State

Zip Code

Date on which I am delivering this complaint to prison authorities for mailing:

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