Johnson v. Thomas et al

Filing 7

ORDER OF SERVICE: The Clerk of Court is instructed to issue summonses for Clinton Thomas, Cesar Gonzalez, T. Knight, T. Molloy, Latisha Johnson, Albert Helms, J. Manuel, Kachappilly, Felix Ezekwe, Frederick Parker, and Razia Ferdous; complete the USM-285 form with the addresses for these defendants; and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is directed to mail a copy of this order and the complaint to the New York State Attorney General at: Managing Attorney's Office, 28 Liberty Street, 16th Floor, New York, NY 10005. The Clerk of Court is directed to mail an information package to Plaintiff. SO ORDERED. (Signed by Judge Cathy Seibel on 11/25/2024) (mml) Transmission to Pro Se Assistants for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SHELDON P. JOHNSON,
Plaintiff,
-againstCORRECTIONAL OFFICER CLINTON
THOMAS; C.O. CESEAR GONZALEZ;
SERGEANT T. KNIGHT; C.O. T. MOLLOY;
JOHN DOE #1; JOHN DOE #2; JOHN DOE #3;
JOHN DOE #4; LATISHA JOHNSON;
ALBERT HELMS; MICHAEL CAPRA; J.
MANUEL; KACHAPPILLY; FELIX EZEKWE;
FREDERICK PARKER; RAZIA FERDOUS,

24-CV-7639 (CS)
ORDER OF SERVICE

Defendants.
CATHY SEIBEL, United States District Judge:
Plaintiff, who currently is detained on Rikers Island, brings this action, pro se, under 42
U.S.C. § 1983, alleging that Defendants violated his rights when he was incarcerated at Sing
Sing Correctional Facility. By order dated October 17, 2024, the Court granted Plaintiff’s request
to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. 1 As set forth in this
order, the Court (1) directs service on Defendants Officer Clinton Thomas, Officer Cesar
Gonzalez, Sergeant T. Knight, Officer T. Molloy, Latisha Johnson, Albert Helms, J. Manuel, Dr.
Kachappilly, Dr. Felix Ezekwe, Dr. Frederick Parker, and Dr. Razia Ferdous; (2) orders the New
York State Attorney General to provide the identities of, and service addresses for, John Does #1#4; and (3) orders the Attorney General to provide a service address for former Superintendent
Michael Capra.

1

Prisoners are not exempt from paying the full filing fee even when they have been
granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1).

DISCUSSION
A.

Order of Service
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. 2 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 Clinton Thomas, Cesar Gonzalez, T.
Knight, T. Molloy, Latisha Johnson, Albert Helms, J. Manuel, Kachappilly, Felix Ezekwe,
Frederick Parker, and Razia Ferdous 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 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.
If the complaint is not served within 90 days after the date summonses are issued,
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).
Plaintiff must notify the Court in writing if his address changes, and the Court may
dismiss the action if Plaintiff fails to do so.

2

Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a
summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP
and could not have effected service until the Court reviewed the complaint and ordered that any
summonses be issued. The Court therefore extends the time to serve until 90 days after the date
any summonses issue.
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B.

John Does #1-#4
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 John Does #1-#4. It is therefore ordered that the New York
State Attorney General, who is the attorney for and agent of DOCCS, 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 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(s). 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 Defendants and deliver all documents
necessary to effect service to the U.S. Marshals Service.
C.

Former Superintendent Michael Capra
The Court directs the Attorney General, under Valentin, to provide a service address for

Defendant Michael Capra.
CONCLUSION
The Clerk of Court is instructed to issue summonses for Clinton Thomas, Cesar
Gonzalez, T. Knight, T. Molloy, Latisha Johnson, Albert Helms, J. Manuel, Kachappilly, Felix
Ezekwe, Frederick Parker, and Razia Ferdous; complete the USM-285 form with the addresses

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for these defendants; and deliver all documents necessary to effect service to the U.S. Marshals
Service.
The Clerk of Court is directed to mail a copy of this order and the complaint to the New
York State Attorney General at: Managing Attorney’s Office, 28 Liberty Street, 16th Floor, New
York, NY 10005.
The Clerk of Court is directed to mail an information package to Plaintiff.
SO ORDERED.
Dated:

November 25, 2024
White Plains, New York
CATHY SEIBEL
United States District Judge

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SERVICE ADDRESS FOR EACH DEFENDANT
Officer Clinton Thomas
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Officer Cesar Gonzalez, Shield #42401
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Sergeant T. Knight
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Officer T. Molloy, Shield #60693
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Latisha Johnson
Fishkill Correctional Facility
18 Strack Drive
Beacon, New York 12508
Albert Helms, Deputy Superintendent of Administration
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
J. Manuel, Program Committee Chairperson
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Dr. Kachappilly
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Dr. Felix Ezekwe
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442

Dr. Frederick Parker
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442
Dr. Razia Ferdous
Sing Sing Correctional Facility
354 Hunter Street
Ossining, New York 10562-5442

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