DiDonna v. Mass et al
Filing
26
VALENTIN ORDER: The Clerk of Court is directed to: (i) mail a copy of this Order and the Amended Complaint to the New York State Attorney General at: 28 Liberty Street, New York, New York 10005; (ii) mail a copy of this Order to Plaintiff; and (i ii) terminate the motion sequence pending at Doc. 22. 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 app eal. 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. (Signed by Judge Philip M. Halpern on 11/17/2022) (jca) Transmission to Docket Assistant Clerk for processing.
Case 7:22-cv-05417-PMH Document 26 Filed 11/17/22 Page 1 of 3
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
LOUIS DIDONNA,
Plaintiff,
VALENTIN ORDER
-against-
22-CV-05417 (PMH)
ROBERT W. MASS, et al.,
Defendants.
PHILIP M. HALPERN, United States District Judge:
By Order dated August 1, 2022, the Court directed service on Defendants Sgt. Robert W.
Mass and Trooper Connor M. Stewart and applied Local Civil Rule 33.2 to this action. On
September 22, 2022, the United States Marshal returned unexecuted Process Receipt and Return
forms, indicating with respect to Defendants Mass and Stewart that they were “not located at the
address provided.” (Docs. 17-18). Plaintiff’s time to serve expired on November 1, 2022, but
Plaintiff requested additional time to serve these Defendants on October 17, 2022, and also sought
assistance serving Defendant Ketchum, who was added in an Amended Complaint (Doc. 11) that
was filed after the Court’s prior Order of Service. (Doc. 22).
DISCUSSION
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 Amended Complaint, Plaintiff
supplies sufficient information to permit the New York State Police to identify Defendants Mass
and Stewart, who Plaintiff alleges caused him injury during his arrest on March 15, 2021. (Doc.
11). It is therefore ordered that the New York State Attorney General, who is the attorney for and
agent of the New York State Police, must ascertain the badge numbers of Defendants Mass and
Case 7:22-cv-05417-PMH Document 26 Filed 11/17/22 Page 2 of 3
Stewart and the addresses where they may be served. 1 The New York State Attorney General must
provide this information to Plaintiff and the Court within sixty (60) days of the date of this Order.
Upon receipt of this information, the Court will deem the Amended Complaint further
amended as to those Defendants and will issue an order directing the Clerk of Court to complete
the USM-285 form with the addresses for Defendants Mass, Stewart, and Ketchum and deliver all
documents necessary to effect service to the U.S. Marshals Service. 2 Plaintiff’s time to effect
service on Defendants Mass, Stewart, and Ketchum is extended nunc pro tunc an additional 90
days from the date of this Order. If service has not been made by that date, Plaintiff should request
an additional extension of time. 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).
CONCLUSION
The Clerk of Court is directed to: (i) mail a copy of this Order and the Amended Complaint
to the New York State Attorney General at: 28 Liberty Street, New York, New York 10005; (ii)
mail a copy of this Order to Plaintiff; and (iii) terminate the motion sequence pending at Doc. 22.
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).
If either Defendant Mass or Defendant Stewart is a former employee or official of New York State Police,
the New York State Attorney General must provide residential address(es) where the individual(s) may be
served.
1
The Court notes that Defendant Ketchum is not a New York State employee and, thus, the New York State
Attorney General need not supply an address for him. The Court will, however, direct service upon
Defendant Ketchum at the address listed in the Amended Complaint, simultaneously with Defendants Mass
and Stewart.
2
2
Case 7:22-cv-05417-PMH Document 26 Filed 11/17/22 Page 3 of 3
SO ORDERED.
Dated:
White Plains, New York
November 17, 2022
PHILIP M. HALPERN
United States District Judge
3
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