Purnell v. Williams et al

Filing 6

ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the New York City Department of Correction because it lacks the capacity to be sued. The Clerk of Court is directed, under Rule 21 of the Federal Rules of Civil Procedure, to add the City of New York as a Defendant. Local Civil Rule 33.2 applies to this action. An Amended Civil Rights Complaint form is attached to this order. The Clerk of Court is directed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that Captain Williams and the City of New York waive service of summons. The Clerk of Court is further directed to: (1) mail a copy of this order and the complaint to the New York City Law Department at 100 Church Street New York, NY 10007; and (2) mail an information package to Plaintiff. The Court certifies under 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 an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Waiver of Service due by 8/29/2022. (Signed by Judge John G. Koeltl on 7/28/2022) (ks)