Murray et al v. C.O. John Doe et al

Filing 17

ORDER: On July 29, 2022, the Corporation Counsel of the City of New York ("the City") responded to the Valentin Order issued by Judge Oetken (Docket # 7). (Docket # 16). The City identified the John Doe correction officers as: Captain Paul Moodie, Shield #593, Correction Officer Jovan Vasquez, Shield #11590, Correction Officer Kydean Shepherd, Shield #10184, Correction Officer Lashawn Redditt, Shield #8051, Correction Officer Jamal Dart, Shield #10904, Correction Officer Troy Grube, S hield #13439, Correction Officer Delron Dawkins, Shield #7189, Id. Each correction officer was identified as being assigned to the George R. Vierno Center, Riker's Island. Id. 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 amende d complaint, the Court will screen the amended complaint and, if necessary, issue an order asking Defendants to waive service. Separately, based on a letter filed by the State of New York Office of the Attorney General in another matter, see Docket # 11 in Robert Murray v. OMH Dr. Dabo, et al., 22-Civ-4026, the Court has learned that plaintiff's mailing address has changed. The Clerk is directed to change the address of plaintiff to: Robert L. Murray, NYSID: 06093686K, North Infirmary C ommand (NIC), 15-00 Hazan Street, East Elmhurst, NY 11370. Although this Order will supply plaintiff with the relevant information from the City's letter needed by plaintiff to file an amended complaint, the City is directed to serve their July 29, 2022 letter on plaintiff via a mailing to this corrected address. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/2/2022) (mml)

Case 1:22-cv-00973-JPO-GWG Document 17 Filed 08/02/22 Page 1 of 8

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
ROBERT MURRAY, as Leviticus Lucifer,
Plaintiff,
-v.C.O. JOHN DOE, et al.,

:
:
:
:

ORDER
22 Civ. 973 (JPO) (GWG)

:
Defendants.
---------------------------------------------------------------x
GABRIEL W. GORENSTEIN, United States Magistrate Judge
On July 29, 2022, the Corporation Counsel of the City of New York (“the City”)
responded to the Valentin Order issued by Judge Oetken (Docket # 7). (Docket # 16). The City
identified the John Doe correction officers as:
Captain Paul Moodie, Shield #593
Correction Officer Jovan Vasquez, Shield #11590
Correction Officer Kydean Shepherd, Shield #10184
Correction Officer Lashawn Redditt, Shield #8051
Correction Officer Jamal Dart, Shield #10904
Correction Officer Troy Grube, Shield #13439
Correction Officer Delron Dawkins, Shield #7189
Id. Each correction officer was identified as being assigned to the George R. Vierno Center,
Riker’s Island. Id.
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 asking Defendants to waive service.
Separately, based on a letter filed by the State of New York Office of the Attorney
General in another matter, see Docket # 11 in Robert Murray v. OMH Dr. Dabo, et al., 22-Civ4026, the Court has learned that plaintiff’s mailing address has changed. The Clerk is directed to
change the address of plaintiff to:

Case 1:22-cv-00973-JPO-GWG Document 17 Filed 08/02/22 Page 2 of 8

Robert L. Murray
NYSID: 06093686K
North Infirmary Command (NIC)
15-00 Hazan Street
East Elmhurst, NY 11370
Although this Order will supply plaintiff with the relevant information from the City’s
letter needed by plaintiff to file an amended complaint, the City is directed to serve their July 29,
2022 letter on plaintiff via a mailing to this corrected address.
SO ORDERED.
Dated: August 2, 2022
New York, New York

2

Case 1:22-cv-00973-JPO-GWG Document 17 Filed 08/02/22 Page 3 of 8

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

Case 1:22-cv-00973-JPO-GWG Document 17 Filed 08/02/22 Page 4 of 8

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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Case 1:22-cv-00973-JPO-GWG Document 17 Filed 08/02/22 Page 5 of 8

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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Case 1:22-cv-00973-JPO-GWG Document 17 Filed 08/02/22 Page 6 of 8

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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