Amaker et al v. Goord et al

Filing 49

ORDER directing Clerk of the Court to reissue summonses. Signed by Hon. H. Kenneth Schroeder, Jr on 8/10/2012. (KER)

-PS-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

ANTHONY AMAKER, et al.,,
Plaintiffs,
-v-

09-CV-0396A(Sr)

COMM. GLENN GOORD, et al.,
Defendants.

DECISION AND ORDER
This matter has been referred to the undersigned, pursuant to 28 U.S.C.
§ 636(b)(1)(A)-(C), for all pretrial matters and to hear and report upon dispositive motions
for consideration of the district judge. (Docket No. 23.)

The Court previously directed the Clerk of the Court to cause the United
States Marshals Service to serve the Summons and Amended Complaint upon the
defendants, see 28 U.S.C. § 1915(d) and Fed.R.Civ.P. 4(c)(3) (Docket No. 32), and
summons were issued for the defendants named in the Amended Complaint. The Court
thereafter requested the New York State Attorney General’s Buffalo Regional Office,
pursuant to Valentin v. Dinkins, 121 F.3d 72, 75 (2d Cir. 1997), to ascertain addresses at
which the following defendants could be served: Dr. Lester Wright, Deputy Superintendent
James, C.O. Schuck, C.J. Martinez and Kolowski. (Docket No. 33.) Plaintiff Anthony
Amaker had advised the Court that he did not know and could not locate an address for

these defendants for purposes of completing the summonses and U.S. Marshal Forms for
service upon them.

The New York State Attorney General’s Office responded to said Order and
advised the court that: Wright and Martinez are retired and could be served by forwarding
the Summons, Amended Complaint and Marshal Forms to William Gonzalez at DOCCS’
Counsel’s Office, who would then forward the papers to those defendants directly; James
and Schuck are currently employed at the Attica Correctional Facility and could be served
there; and DOCCS has no record of an employee by the name of “Koloski” and that a
defendant by that name, unless the name is mispelled, is not named as a defendant in the
caption of the Amended Complaint nor in the body of Amended Complaint itself (Docket
No. 29). Upon review of both the caption of the Amended Complaint and the body of the
Amended Complaint the Court cannot not locate a defendant by the name of “Koloski” or
“Kolowski” as it is spelled in the caption set forth in the Docket Report in this matter and
the Docket Entry noting the docketing of the Amended Complaint (Docket No. 29). It thus
appears that Koloski or Kolowski is not a defendant and the Clerk of the Court will be
directed to remove that name from the caption of this action as set forth in the Docket
Report.

IT IS HEREBY ORDERED that the Clerk of the Court is directed to remove
from the caption in the Docket Report for this action defendant “Kolowski” and to terminate
said defendant as a party to this action;

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FURTHER, that the Clerk of the Court is directed to re-issue summonses for
defendants Lester Wright, C.J. Martinez, Deputy Superintendent R. James and C.O.
Schuck and to cause the United States Marshals Service to serve defendants Wright and
Martinez by forwarding the Summons and Amended Complaint and this Order and the
Order filed March 23, 2012 (Docket No. 32) to William Gonzalez, Deputy Counsel,
Counsel’s Office, New York State Department of Corrections and Community Supervision,
1220 Washington Avenue, Albany New York 12226, and to serve defendants James and
Schuck by forwarding the Summons, Amended Complaint and this Order and the Order
filed March 23, 2012 (Docket No. 32) in their names to the Attica Correctional Facility; and

FURTHER, the Clerk of the Court is directed to complete the necessary
summonses and Marshal Forms for service on these four defendants.

SO ORDERED.

DATED:

Buffalo, New York
August 10, 2012
s/ H. Kenneth Schroeder, Jr.
H. KENNETH SCHROEDER, JR.
United States Magistrate Judge

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