Ward v. City of Middletown Police Department et al

Filing 51

SUPPLEMENTAL ORDER OF SERVICE: To allow Plaintiff to effect service on each of the Additional Defendants by the U.S. Marshals Service, the Clerk of Court is instructed to (1) fill out a U.S. Marshals Service Process Receipt and Return form (" ;USM-285 form") for each of the Additional Defendants with addresses as further set forth in this Order. (2) to issue a summons for each of the Additional Defendants; and (3) to deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service on each of the Additional Defendants. The Clerk of Court is further instructed to (4) update pro se Plaintiff's address to the address listed on Plaintiff's Second Amended Complaint (ECF No. 50 ) and Plaintiff's letters dated October 7 and 16, 2020 (ECF Nos. 44-45, 47-48): J'min Atiba Ward 18-A-1063, Southport Correctional Facility, P.O. Box 2000, Pine City, NY 148711; (5) to mail a copy of this order to pro se Plaintiff at the updated address and to show service on the docket, and (6) to correct Defendant Lopez's first name to "Duane" on the docket. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss this action if Plaintiff fails to do so. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/5/21) (yv) Transmission to Pro Se Assistants for processing.

Case 7:17-cv-05248-NSR Document 51 Filed 01/05/21 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

1/5/2021

J’MIN ATIBA WARD,
Plaintiff,
17 CV 5248 (NSR)
-againstCITY OF MIDDLETOWN POLICE
DEPARTMENT ET AL.,

SUPPLEMENTAL ORDER OF
SERVICE

Defendants.
NELSON S. ROMÁN, United States District Judge:
Plaintiff J’min Atiba Ward, who is currently incarcerated at Southport Correctional
Facility, appears pro se and asserts claims that the defendants violated his federal constitutional
rights.
By order dated August 2, 2017, the Court granted Plaintiff’s request to proceed without
prepayment of fees, that is, in forma pauperis (“IFP”) (ECF No. 7). On November 12, 2020, the
Court extended Plaintiff’s deadline to amend his complaint by December 15, 2020 to include the
individuals disclosed by the City and County in response to the first order of service (ECF No.
49). On November 30, 2020, Plaintiff filed his Second Amended Complaint (ECF No. 50),
which the Court construes as asserting claims under 42 U.S.C. § 1983. The Second Amended
Complaint names the following additional defendants: Ramon Bethancourt, Eric J. Hargett,
Anthony Weed, Duane Lopez, Jason Kahmar, Daniel Greer, Michael Kania, Vincent Iannuzzi,
Brian Shanley, John Trazino, Jason Davis, Chris DeSena and Paul Brahm (collectively,
“Additional Defendants”), upon each of whom the Court directs service.
To allow Plaintiff to effect service on each of the Additional Defendants by the U.S.
Marshals Service, the Clerk of Court is instructed to (1) fill out a U.S. Marshals Service Process

Case 7:17-cv-05248-NSR Document 51 Filed 01/05/21 Page 2 of 3

Receipt and Return form (“USM-285 form”) for each of the Additional Defendants with
addresses as follows:
•

Ramon Bethancourt, Former Middletown Police Chief, 2 James Street, Middletown, NY
10940

•

Eric J. Hargett, Middletown Police Officer, 2 James Street, Middletown, NY 10940

•

Anthony Weed, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

Duane Lopez, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

Jason Kahmar, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

Daniel Greer, Special Operations Group, Orange County Correctional Facility, 110 Wells
Farm Rd., Goshen, NY 10924

•

Michael Kania, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

Vincent Iannuzzi, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

Brian Shanley, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

John Trazino, Special Operations Group, Orange County Correctional Facility, 110 Wells
Farm Rd., Goshen, NY 10924

•

Jason Davis, Special Operations Group, Orange County Correctional Facility, 110 Wells
Farm Rd., Goshen, NY 10924

•

Chris DeSena, Special Operations Group, Orange County Correctional Facility, 110
Wells Farm Rd., Goshen, NY 10924

•

Paul Brahm, Special Operations Group, Orange County Correctional Facility, 110 Wells
Farm Rd., Goshen, NY 10924;

(2) to issue a summons for each of the Additional Defendants; and (3) to deliver to the Marshals
Service all of the paperwork necessary for the Marshals Service to effect service on each of the
Additional Defendants.

2

Case 7:17-cv-05248-NSR Document 51 Filed 01/05/21 Page 3 of 3

The Clerk of Court is further instructed to (4) update pro se Plaintiff’s address to the
address listed on Plaintiff’s Second Amended Complaint (ECF No. 50) and Plaintiff’s letters
dated October 7 and 16, 2020 (ECF Nos. 44-45, 47-48): J’min Atiba Ward 18-A-1063, Southport
Correctional Facility, P.O. Box 2000, Pine City, NY 148711; (5) to mail a copy of this order to
pro se Plaintiff at the updated address and to show service on the docket, and (6) to correct
Defendant Lopez’s first name to “Duane” on the docket. 1
Plaintiff must notify the Court in writing if his address changes, and the Court may
dismiss this action if Plaintiff fails to do so.
SO ORDERED.
Dated:

January 5, 2021
White Plains, New York
NELSON S. ROMÁN
United States District Judge

1

The County included “Duane Lopez” in its response to the Court’s Order of Service
(ECF No. 22) and Plaintiff’s Second Amended Complaint names “Duane Lopez” as a Defendant
(ECF No. 50). However, the Docket mistakenly lists Defendant Lopez’s first name as “Daniel.”
3