Deans v. Cimorelli et al

Filing 36

SUPPLEMENTAL ORDER OF SERVICE: 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 SAC, Plaintiff supplies sufficient information to permi t the Orange County Law Department to identify the nurses and doctors who treated Plaintiff's eye conditions at the Orange County Correctional Facility from November 2017 through February 2018. It is therefore ordered that the Law Department , which is the attorney for an agent of the Orange County Department of Correction, must ascertain the identity and badge number of each John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The Law Departmen t must provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file a Third Amended Complaint naming the John Doe Defendants. The Third Amende d Complaint will replace, not supplement, the Second Amended Complaint. A Third Amended Complaint form that Plaintiff should complete is attached to this order. The Court will screen the Third Amended Complaint once it is filed by Plaintiff. The Clerk of the Court is directed to mail a copy of this supplemental order to Plaintiff. The Clerk of the Court is directed to mail a copy of this order and SAC to the Orange County Law Department at: 255-275 Main Street, Goshen, NY 10924. The Clerk of the Court is directed to issue summonses as to Defendants (as defined above). The Court certifies under 18 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 den ied 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. ( USM-285 Form due by 11/3/2022. Request for Issuance of Summons due by 11/3/2022.) (Signed by Judge Nelson Stephen Roman on 10/4/22) (yv) Transmission to Pro Se Assistants for processing.

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 1 of 10

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

10/4/2022

TASHAY DAVID DEANS,
Plaintiff,
-against-

7:18-cv-2576-NSR
SUPPLEMENTAL ORDER OF SERVICE

SGT. CIMORELLI, et al.,
Defendants.
NELSON S. ROMÁN, United States District Judge:
Plaintiff brings this pro se action, alleging that Defendants denied him medical attention at
the Orange County Jail. (ECF No. 2.) The Court issued an Order of Service and Valentin Order
on June 25, 2018 (ECF No. 7.) On October 22, 2018, Plaintiff filed an amended complaint. (ECF
No. 12.) Plaintiff filed a request to have the U.S. Marshals Service effect service, a Valentin Order,
and proposed order to show cause (ECF Nos. 25, 26, 27). The Court denied those requests without
prejudice, and directed Plaintiff to submit an application for in forma pauperis status, and granted
leave to file a Second Amended Complaint (“SAC”). (ECF No. 28.)
Plaintiff filed an in forma pauperis application and a SAC on July 20, 2022 (ECF Nos. 33,
34.) The Court granted Plaintiff’s in forma pauperis application on October 4, 2022, and therefore
is deemed to have paid the filing fee.
A. Issuance of Summons
The Clerk of the Court is directed to issue a summonses as to newly named Defendants
Orange County New York, 1 Steven M. Newhaus, Karin Hablow, Sheriff Carl E. DeBois
(collectively, “Defendants”). Plaintiff is directed to serve the summonses and SAC within 90 days

Plaintiff has filed claims against Orange County pursuant to Monell v. Dep’t of Soc. Servs., 436 U.S. 658,
691 (1978), as suggested by this Court in its April 21, 2022 order. (ECF No. 28.)
1

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 2 of 10

of the issuance of the summonses. If within those 90 days, Plaintiff has not either served
Defendants or requested an extension of time to do so, the Court may dismiss the claims against
these Defendants under Rules 4 and 41 of the Federal Rules of Civil Procedure for failure to
prosecute.
Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the
Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d
Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process
. . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if
the plaintiff is authorized to proceed IFP)). To allow Plaintiff to effect service on Defendants
through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals
Service Process Receipt and Return form (“USM-285 form”) for the Defendants. The Clerk of
Court is further instructed to issue a summons and deliver to the Marshals Service all the
paperwork necessary for the Marshals Service to effect service upon the Defendants.
B. Valentin Order
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 SAC, Plaintiff supplies sufficient
information to permit the Orange County Law Department to identify the nurses and doctors who
treated Plaintiff’s eye conditions at the Orange County Correctional Facility from November 2017
through February 2018. It is therefore ordered that the Law Department, which is the attorney for
an agent of the Orange County Department of Correction, must ascertain the identity and badge
number of each John Doe whom Plaintiff seeks to sue here and the address where the defendant
2

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 3 of 10

may be served. The Law Department must provide this information to Plaintiff and the Court
within sixty days of the date of this order.
Within thirty days of receiving this information, Plaintiff must file a Third Amended
Complaint naming the John Doe Defendants. The Third Amended Complaint will replace, not
supplement, the Second Amended Complaint. A Third Amended Complaint form that Plaintiff
should complete is attached to this order. The Court will screen the Third Amended Complaint
once it is filed by Plaintiff.
CONCLUSION
The Clerk of the Court is directed to mail a copy of this supplemental order to Plaintiff.
The Clerk of the Court is directed to mail a copy of this order and SAC to the Orange
County Law Department at: 255-275 Main Street, Goshen, NY 10924.
The Clerk of the Court is directed to issue summonses as to Defendants (as defined above).
The Court certifies under 18 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.
Dated: October 4, 2022
White Plains, New York

3

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 4 of 10

DEFENDANTS AND SERVICE ADDRESS
Orange County New York
255 Main Street,
Goshen, NY 10924
Steven M. Newhaus
County Executive
255 Main Street,
Goshen, NY 10924
Karin Hablow
Finance Commissioner
255 Main Street,
Goshen, NY 10924
Carl E. DeBois
Sheriff of Orange County Correctional Facility
255 Main Street,
Goshen, NY 10924

4

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 5 of 10

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.

THIRD 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 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 6 of 10

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:

Page 2

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 7 of 10

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
Page 3

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 8 of 10

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.

Page 4

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 9 of 10

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.

Page 5

Case 7:18-cv-02576-NSR Document 36 Filed 10/04/22 Page 10 of 10

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:

Page 6