Johnson v. City of New York et al
Filing
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ORDER OF SERVICE: The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. The Court dismisses Plaintiff's claims against the New York City Department of Correction because it lacks the capacity to be sued. See 28 U.S.C. 1915(e)(2)(B)(ii). 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 Defendants City of New York, Captain Albury, and Correction Officer Ceesay waive service of summons. The Clerk of Court is further directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street New York, NY 10007. Local Civil Rule 33.2 applies to this action. ( Waiver of Service due by 7/8/2024. New York City Correction Department terminated.) (Signed by Judge Ronnie Abrams on 6/4/2024) (rro) Transmission to Pro Se Assistants for processing.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GLENN JOHNSON,
Plaintiff,
-against-
24-CV-3173 (RA)
CITY OF NEW YORK; NEW YORK CITY
CORRECTION DEPARTMENT; C.O. CEESAY
#6358; CAPTAIN ALBURY #884; CAPTAIN
JANE DOE; CAPTAIN JOHN DOE,
ORDER OF SERVICE
Defendants.
RONNIE ABRAMS, United States District Judge:
Plaintiff, who currently is incarcerated at Clinton Correctional Facility, brings this action
pro se. He asserts claims, under 42 U.S.C. § 1983, for deliberate indifference to a serious risk of
harm to him that arose on March 24, 2023, in the North Infirmary Command on Rikers Island.
By order dated May 17, 2024, the Court granted Plaintiff’s request to proceed in forma pauperis,
that is, without prepayment of fees. 1
STANDARD OF REVIEW
The Prison Litigation Reform Act requires that federal courts screen complaints brought
by prisoners who seek relief against a governmental entity or an officer or employee of a
governmental entity. See 28 U.S.C. § 1915A(a). The Court must dismiss a prisoner’s in forma
pauperis complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a
claim upon which relief may be granted, or seeks monetary relief from a defendant who is
immune from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); see Abbas v. Dixon, 480 F.3d
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Prisoners are not exempt from paying the full filing fee even when they have been
granted permission to proceed in forma pauperis. See 28 U.S.C. § 1915(b)(1).
636, 639 (2d Cir. 2007). The Court must also dismiss a complaint if the court lacks subject
matter jurisdiction. See Fed. R. Civ. P. 12(h)(3).
DISCUSSION
A.
New York City Department of Correction
As an agency of the City of New York, the New York City Department of Correction
(DOC) is not an entity that can be sued. N.Y. City Charter ch. 17, § 396 (“[A]ll actions and
proceedings for the recovery of penalties for the violation of any law shall be brought in the
name of the city of New York and not in that of any agency, except where otherwise provided by
law.”); Jenkins v. City of New York, 478 F.3d 76, 93 n.19 (2d Cir. 2007); see also Emerson v. City
of New York, 740 F. Supp. 2d 385, 396 (S.D.N.Y. 2010) (“[A] plaintiff is generally prohibited
from suing a municipal agency.”). Plaintiff’s claims against the DOC must therefore be
dismissed.
B.
Service on Defendants Albury, Ceesay, and the City of New York
The Clerk of Court is directed to notify the New York City DOC and the New York City
Law Department of this order. The Court requests that Captain Albury (#884), Correction Officer
Ceesay (#6358), and the City of New York waive service of summons.
C.
Identifying Captains John and Jane Doe
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 DOC to identify Captains John and Jane Doe,
on duty in the Intake Unit of the North Infirmary Command at about 3:00 p.m. or thereafter on
March 24, 2023. It is therefore ordered that the New York City Law Department, which is the
attorney for and agent of the DOC, must ascertain the identity and badge number of each Doe
defendant whom Plaintiff seeks to sue here and the address where each defendant may be
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served.2 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 after receiving this information, Plaintiff must file an amended
complaint naming the Doe defendants. The amended complaint will replace, not supplement, the
original complaint. An amended complaint form for Plaintiff to complete after receiving this
information 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.
D.
Local Civil Rule 33.2
Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to
respond to specific, court-ordered discovery requests, applies to this action. Those discovery
requests are available on the Court’s website under “Forms” and are titled “Plaintiff’s Local Civil
Rule 33.2 Interrogatories and Requests for Production of Documents.” Within 120 days of the
date of this order, Defendants must serve responses to these standard discovery requests. In their
responses, Defendants must quote each request verbatim. 3
CONCLUSION
The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an
information package. The Court dismisses Plaintiff’s claims against the New York City
2
If the Doe defendant is a current or former DOC employee or official, the New York
City Law Department should note in the response to this order that an electronic request for a
waiver of service can be made under the e-service agreement for cases involving DOC
defendants, rather than by personal service at a DOC facility. If the Doe defendant is not a
current or former DOC employee or official, but otherwise works or worked at a DOC facility,
the New York City Law Department must provide a residential address where the individual may
be served.
3
If Plaintiff would like copies of these discovery requests before receiving the responses
and does not have access to the website, Plaintiff may request them from the Pro Se Intake Unit.
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Department of Correction because it lacks the capacity to be sued. See 28 U.S.C.
§ 1915(e)(2)(B)(ii).
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
Defendants City of New York, Captain Albury, and Correction Officer Ceesay waive service of
summons.
The Clerk of Court is further directed to mail a copy of this order and the complaint to the
New York City Law Department at: 100 Church Street New York, NY 10007.
Local Civil Rule 33.2 applies to this action.
SO ORDERED.
Dated:
New York, New
York
June 4, 2024
RONNIE ABRAMS
United States District Judge
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