Deans v. Cimorelli et al

Filing 62

SECOND SUPPLEMENTAL ORDER OF SERVICE: For the aforementioned reasons, the Court finds that the in forma pauperis application is MOOT, GRANTS the request for an order appointing Marshal Service to serve the named Defendants in the Four th Amended Complaint, and DENIES Plaintiff's request for another Valentin Order. The Clerk of the Court is directed to terminate the motion at ECF No. 53, which was a request for an order of service as to the Third Amended Complain t, as that application is now moot. The Clerk of the Court is directed to mail a copy of this Supplemental Order of Service to Plaintiff. The Clerk of the Court is directed to issue summonses as to Defendants (as defined above and listed in A ppendix A). 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). Motions terminated: 53 MOTION to Serve. filed by Tashay David Deans. (Signed by Judge Nelson Stephen Roman on 3/28/2023) (ate) Transmission to Pro Se Assistants for processing.

Case 7:18-cv-02576-NSR Document 62 Filed 03/28/23 Page 1 of 5

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
3/28/2023
TASHAY DAVID DEANS,
Plaintiff,

7:18-cv-2576-NSR

-against-

SECOND 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.) The Court issued a
Supplemental Order of Service on October 4, 2022. (ECF No. 22.)

The Court also issued a

Supplemental Valentin Order on December 5, 2022 to identify John Doe Defendants (ECF No.
46), and plaintiff subsequently filed a Third Amended Complaint on December 29, 2022. (ECF
No. 150.) On January 18, 2023, because the Third Amended Complaint continued to name John
Doe defendants despite having been identified through the Supplemental Valentin Order, the Court
granted leave to file a Fourth Amended Complaint, indicating the following: “Plaintiff must
include ALL of the claims and allegations he wishes to raise in this amended pleading. The Fourth
Amended Complaint will not serve as a supplement to prior complaint.” (ECF No. 55.) Plaintiff
thereafter filed a Fourth Amended Complaint on March 6, 2023. (ECF No. 61.)
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Plaintiff now submits the following: (i) a request for In Forma Pauperis (“IFP”) for Service
by the USMS (ECF No. 58); (ii) a request for an order appointing Marshal Service to serve
Defendants (ECF No. 59; and (iii) another Valentin Order (ECF No. 60).
As discussed below, the Court finds that the in forma pauperis application is MOOT,
GRANTS the request for an order appointing Marshal Service to serve the named Defendants in
the Fourth Amended Complaint; and (iii) DENIES Plaintiff’s request for another Valentin Order.
1. IFP Application
The Court notes that Plaintiff’s request to proceed IFP was granted on March 2, 2018.
(ECF No. 1.) Plaintiff’s IFP application has not been rescinded or revoked. Therefore, Plaintiff’s
request to proceed IFP is MOOT, and the Court need not re-issue an order granting an IFP
application. (See ECF No. 58.)
2. 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 Fourth Amended Complaint,
Plaintiff no longer names any John Doe defendants.
However, Plaintiff’s Valentin requests identification for a number of individuals that are
not named as defendants in the Fourth Amended Complaint. 1 In its January 18, 2023 memorandum
endorsement, the Court was clear in granting leave to file a Fourth Amended Complaint that
“Plaintiff must include ALL of the claims and allegations he wishes to raise in this amended
pleading. The Fourth Amended Complaint will not serve as a supplement to prior complaint.” (See
ECF No. 55.)

A Valentin Order is not needed for Defendants Karin Hablow or Correct Care Solutions d/b/a Orange
County Goshen Jail Medical Unit.

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Because Plaintiff seeks a Valentin Order for individuals not named in the Fourth Amended
Complaint, the Court DENIES Plaintiff’s request for a Valentin Order.
3. Issuance of Summons
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.
The Clerk of the Court is directed to issue summonses as to Defendants listed in Appendix
A to this Order, who have not previously been served in this action. Plaintiff is directed to serve
the summonses and Fourth Amended Complaint within 90 days 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.
CONCLUSION
For the aforementioned reasons, the Court finds that the in forma pauperis application is
MOOT, GRANTS the request for an order appointing Marshal Service to serve the named
Defendants in the Fourth Amended Complaint, and DENIES Plaintiff’s request for another
Valentin Order.

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The Clerk of the Court is directed to terminate the motion at ECF No. 53, which was a
request for an order of service as to the Third Amended Complaint, as that application is now moot.
The Clerk of the Court is directed to mail a copy of this Supplemental Order of Service to
Plaintiff.
The Clerk of the Court is directed to issue summonses as to Defendants (as defined above
and listed in Appendix A).
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: March 28, 2023
White Plains, New York

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Case 7:18-cv-02576-NSR Document 62 Filed 03/28/23 Page 5 of 5

APPENDIX A: DEFENDANTS AND SERVICE ADDRESS
Karin Hablow
255 Main Street,
Goshen, NY 10924
Carl E. DeBois
255 Main Street,
Goshen, NY 10924
Correct Care Solutions, aka “Orange County Goshen Jail Medical Unit”
110 Wells Farm Road,
Goshen, NY 10924
Dr. Kulkesza
7 Stembrook Rd.
Montvale, New Jersey 07645
Dr. Feldman
11 Ungava Dr
New City, New York 10956
Kathleen Gregory, RN
15 Joe Lane Wurtsboro,
New York 1279
Stephanie Crockett, RN 500
Stratford Lane Middletown,
New York 10940
Adrienne Cupertino, RN
145 Millsburg Road
Middletown, New York 10949
Kim Parker, RN
255 Old Milford Rd
Milford, Pennsylvania 18337
Sierra Rawls, RN
91 Ruth Court
Middletown, New York 10940
Dr. George
715 Sandor Ct
Paramus, New Jersey 07652
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