Belile v. John Doe #1 et al

Filing 4

ORDER that plaintiff must file an amended complaint by 12/21/2010 re 1 Complaint filed by Joseph Belile, ( Response due by 12/21/2010.). Signed by Hon. Michael A. Telesca on 11/17/2010. (TO)

Belile v. John Doe #1 et al

Doc. 4

-PS-O-

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK JOSEPH BELILE, 08A3707, Plaintiff, -vC.O. JOHN DOE #1, C.O. JOHN DOE #2, C.O. JOHN DOE #3 and Sgt. JOHN DOE, Defendants. 10-CV-6501Fe ORDER

Plaintiff listed in his complaint several John Doe defendants (Docket # 1). Pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d.

Cir. 1997)(per curiam), the Court requested that the Attorney General of the State of New York ascertain the full names of the John Doe defendants plaintiff seeks to sue (Docket # 3). The Assistant Attorney General in Charge of the Rochester Office has provided regarding plaintiff the and the Court with certain the

information

alleged

incident.

Because

information does not clearly identify which of the identified persons are the defendants plaintiff seeks to sue, plaintiff is directed to amend his complaint to name the defendants he believes have been identified. To the extent that a defendant may not have

been identified, plaintiff may name that defendant, or defendants, as John Doe and attempt to determine the identity during discovery.

Dockets.Justia.com

Plaintiff is must file an amended complaint as directed above by December 21, 2010. SO ORDERED. S/ MICHAEL A. TELESCA MICHAEL A. TELESCA United States District Judge Dated: November 17, 2010 Rochester, New York

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