Randolph v. DOCCS et al

Filing 21

SUPPLEMENTAL ORDER: Plaintiff is directed to file an amended complaint naming the newly identified defendants within thirty days of this order. 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 it and, if necessary, issue an order directing the Clerk of Court to complete the appropriate forms with the addresses for the newly named defendants 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, along with a copy of ECF Docs. No. 18 and 19, to Plaintiff, together with an infor mation package, and note service on the docket. 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). (Signed by Judge Nelson Stephen Roman on 6/14/2017) (rj)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
EDWARD RANDOLPH,
Plaintiff,
-againstDOCCS; HASAN DUTTON; STEVEN
CARPENTER; MURDOCK; MICHAEL
CAPRA;DEPURTYSUPERINTENDENT
OF SECURITY; JOHN DOE CORRECTION
OFFICER; JOHN DOE CORRECTION
OFFICER; JOHN DOE CORRECTION
OFFICER; JOHN DOE CORRECTION
SERGEANT; CORC,

17-CV-0700 (NSR)
SUPPLEMENTAL ORDER

Defendants.
NELSONS. ROMAN, United States District Judge:
By order dated March 3, 2017, the Court granted Plaintiff's request to proceed without
prepayment of fees, that is, informa pauperis. (ECF No. 7.) The Comt also direct DOCCS,
pursuant to Valentin v. Dinkins, 121 F.3'd 72, 76 (2d Cir. 1997), to assist in identifying the "John
Doe" Conectional Officers referenced in Plaintiff's complaint. By letter dated May 5, 2017 (ECF
No. 18), NYS Attorney General's Office ("NYSAG") informs that in addition to the officers
named in the complaint, Sgt. Van Cooten and Officer I. Sanchez were on duty in S Block on or
about the time of the alleged incident. Further, by letter dated June 5, 2017 (ECF No. 19), the
NYSAG informs Conectional Officer Hasan Dutton, a named defendant, is no longer employed
by DOCCS but "has authorized the office of DOC CS counsel to accept service [of process] on
his behalf."
Plaintiff is directed to file an amended complaint naming the newly identified defendants
within thirty days of this order. 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 it and, if necessary, issue an
order directing the Clerk of Court to complete the appropriate forms with the addresses for the
newly named defendants 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, along with a copy ofECF
Docs. No. 18 and 19, to Plaintiff, together with an info1mation package, and note service on the
docket.
The Comt 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 pauper is 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.
Dated:

June 14, 2017
White Plains, New York

United States District Judge

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