Senear v. Mininni et al
ORDER OF SERVICE: The Clerk of Court is instructed to complete the USM-285 forms with the addresses for Mininni and Brogan and deliver all documents necessary to effect service to the U.S. MarshalsService. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: 28 Liberty Street, New York, NY 10005. The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an information package. An amended complaint form is attached. (Signed by Judge Nelson Stephen Roman on 1/7/2022) (ate) Transmission to Pro Se Assistants for processing.
Case 7:21-cv-11131-NSR Document 6 Filed 01/07/22 Page 1 of 5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-againstC.O. MININNI; C.O. BROGAN; C.O. JOHN DOE,
ORDER OF SERVICE
NELSON S. ROMÁN, United States District Judge:
Plaintiff brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants failed
to protect him from another inmate’s assault while he was incarcerated at Green Haven
Correctional Facility. Plaintiff is currently incarcerated at Mid-State Correctional Facility.
By order dated January 7, 2022, Chief Judge Laura Taylor Swain granted Plaintiff’s
request to proceed without prepayment of fees, that is, in forma pauperis (“IFP”). 1 As set forth
below, the Court (1) orders service on Defendants Officers Mininni and Brogran, and (2) directs
the Attorney General of the State of New York to identify the John Doe defendant.
Service on Officers Mininni and Brogan
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)). Although Rule 4(m) of the Federal Rules of
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).
Case 7:21-cv-11131-NSR Document 6 Filed 01/07/22 Page 2 of 5
Civil Procedure generally requires that summonses and the complaint be served within 90 days
of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served
summonses and the complaint until the Court reviewed the complaint and ordered that
summonses be issued. The Court therefore extends the time to serve until 90 days after the date
summonses are issued. If the complaint is not served within that time, Plaintiff should request an
extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding
that it is the plaintiff’s responsibility to request an extension of time for service); see also Murray
v. Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff proceeding IFP] provides
the information necessary to identify the defendant, the Marshals’ failure to effect service
automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule
To allow Plaintiff to effect service on Defendants Mininni and Brogan 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 each of these defendants. The Clerk of Court is
further instructed to issue summonses and deliver to the Marshals Service all the paperwork
necessary for the Marshals Service to effect service upon these defendants.
Plaintiff must notify the Court in writing if his address changes, and the Court may
dismiss the action if Plaintiff fails to do so.
John Doe Defendant
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 State Department of Corrections and Community
Supervision (DOCCS) to identify the John Doe officer named in the complaint. It is therefore
ordered that the New York State Attorney General, who is the attorney for and agent of DOCCS,
Case 7:21-cv-11131-NSR Document 6 Filed 01/07/22 Page 3 of 5
must ascertain the identity and badge number of the John Doe whom Plaintiff seeks to sue here
and the address where the defendant may be served. The Attorney General 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 an amended complaint
naming the John Doe defendant. 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 the amended
complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285
forms with the addresses for the named John Doe Defendant and deliver all documents necessary
to effect service to the U.S. Marshals Service.
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
service of the complaint, Defendants must serve responses to these standard discovery requests.
In their responses, Defendants must quote each request verbatim. 2
The Clerk of Court is instructed to complete the USM-285 forms with the addresses for
Mininni and Brogan and deliver all documents necessary to effect service to the U.S. Marshals
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.
Case 7:21-cv-11131-NSR Document 6 Filed 01/07/22 Page 4 of 5
The Clerk of Court is directed to mail a copy of this order and the complaint to the New
York State Attorney General at: 28 Liberty Street, New York, NY 10005.
The Clerk of Court is directed to mail a copy of this order to Plaintiff, together with an
information package. An amended complaint form is attached.
January 7, 2022
White Plains, New York
NELSON S. ROMÁN
United States District Judge
Case 7:21-cv-11131-NSR Document 6 Filed 01/07/22 Page 5 of 5
DEFENDANTS AND SERVICE ADDRESSES
Correction Officer Mininni
Green Haven Correctional Facility
594 Rt. 216
Stormville, NY 12582-0010
Correction Officer Brogan
Green Haven Correctional Facility
594 Rt. 216
Stormville, NY 12582-0010
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