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16-7005 - Sanders v. Garcia et al


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16-7005 - Sanders v. Garcia et al
January 4, 2017
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ORDER: For the reasons stated in the attached, the Complaint, filed in forma pauperis, is dismissed as to Defendant Schriro pursuant to 28 U.S.C. §§ 1915A(b) and 1915(e)(2)(B). No summons shall issue as to her. Plaintiff's excessive force claims against Defendants Garcia, Bauda and the five John Doe Defendants shall proceed. The United States Marshal Service is directed to serve the Summons, the Complaint and this Order upon Defendants Garcia and Bauda without prepayment of fees.Because the United States Marshals Service will not be able to serve the John Doe Defendants without further identifying information, the Court requests that the Corporation Counsel for the City of New York ascertain the full names of the Defendants whom Plaintiff has identified as John Doe 1-5 and provide the addresses where these Defendants can currently be served within forty-five (45) days of this Order. See Valentin v. Dinkins, 121 F.3d 72, 75-76 (2d Cir. 1997) (per curiam), (finding that a pro se litigant is entitled to assistance from the district court in identifying a defendant and instructing district court to do so); Geathers v. Morgenthau, 173 F.3d 844 (2d Cir. 1999) (summary order) (explaining that district court "had some obligation to assist the incarcerated plaintiff to obtain discovery necessary to identify the defendant police officer so as to avoid dismissal"). Corporation Counsel need not undertake to defend or indemnify these individuals at this juncture. This Order merely provides a means by which Plaintiff may name and properly serve Defendants as instructed by the Second Circuit in Valentin. Once this information is provided, Plaintiff's Complaint shall be deemed amended to reflect the full names and badge numbers of the John Doe Defendants, amended summonses shall be issued, and the Court shall direct service on these Defendants.The Clerk of Court is respectfully directed to send a copy of this Order to Plaintiff. The case is respectfully referred to the Honorable Lois Bloom, United States Magistrate Judge, for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Pamela K. Chen on 1/4/2017. (Gregorio, Heather)