Usb SUNT DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK oo DATE FILED: 3/14/2023 □□ MICHAEL L DUNAWAY, Plaintiff, -against- THE VILLAGE OF MAMARONECK; THE 22-CV-8823 (NSR) VILLAGE OF MAMARONECK POLICE ORDER DEPARTMEN; THE COUNTY OF WESTCHESTER; THE COUNTY OF WESTCHESTER DEPARTMENT OF CORRECTIONS; JOHN DOES 1-5, Defendants.
NELSON S. ROMAN, United States District Judge: Plaintiff brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants violated his constitutional rights. Plaintiff sues the Village of Mamaroneck, the Village of Mamaroneck Police Department, the County of Westchester, the County of Westchester Department of Corrections, and John Does 1-5. (ECF No. 2.) By order dated October 25, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees. (ECF No. 3.) By order dated January 4, 2023, this Court directed service upon the Village of Mamaroneck and County of Westchester through the U.S. Marshals Service. (ECF No. 5.) Pursuant to Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997), this Court also directed the Village of Mamaroneck and County of Westchester Attorneys to “identify the John Doe prison officials whom Plaintiff alleges violated his rights in the Mamaroneck and Westchester County jails.” (/d.) The County of Westchester Attorney responded by letter dated February 23, 2023, stating that the Complaint lacked sufficient information to allow the County to identify the officials. (ECF No. 8.) Accordingly, it is hereby
ORDERED that Plaintiff file an Amended Complaint no later than May 12, 2023 providing information sufficient to allow the Village and County Attorneys to identify the John Doe prison officials named in the original Complaint. In the event Plaintiff does not file an Amended Complaint by May 12, 2023 or otherwise show good cause for failing to do so, this Court will dismiss the John Doe prison officials from the Complaint. Plaintiff is further advised that an amendment to a complaint completely supplants the previous complaint. In other words, he must include all allegations he wishes to be considered in the Amended Complaint, and if he fails to include any allegations he cannot rely upon the fact that he previously asserted allegations in the Complaint. A blank Amended Complaint form is attached hereto. The Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff at Plaintiff’s address listed on ECF and to show service on the docket. SO ORDERED. Dated: March 14, 2023 White Plains, New York NELSON S.ROMAN United States District Judge
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CVE TT a (clu ber if has b Write the full name of each plaintiff. evened) me eNews
against AMENDED
□ COMPLAINT ee Do you want a jury trial? LlYes ULINo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section Il.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? [] Federal Question L] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , ,is a citizen of the State of (Plaintiff's name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
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If the defendant is an individual:
The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of . If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available) B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 2: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 3: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 4: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code III. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed.
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Usb SUNT DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK oo DATE FILED: 3/14/2023 □□ MICHAEL L DUNAWAY, Plaintiff, -against- THE VILLAGE OF MAMARONECK; THE 22-CV-8823 (NSR) VILLAGE OF MAMARONECK POLICE ORDER DEPARTMEN; THE COUNTY OF WESTCHESTER; THE COUNTY OF WESTCHESTER DEPARTMENT OF CORRECTIONS; JOHN DOES 1-5, Defendants.
NELSON S. ROMAN, United States District Judge: Plaintiff brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants violated his constitutional rights. Plaintiff sues the Village of Mamaroneck, the Village of Mamaroneck Police Department, the County of Westchester, the County of Westchester Department of Corrections, and John Does 1-5. (ECF No. 2.) By order dated October 25, 2022, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees. (ECF No. 3.) By order dated January 4, 2023, this Court directed service upon the Village of Mamaroneck and County of Westchester through the U.S. Marshals Service. (ECF No. 5.) Pursuant to Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997), this Court also directed the Village of Mamaroneck and County of Westchester Attorneys to “identify the John Doe prison officials whom Plaintiff alleges violated his rights in the Mamaroneck and Westchester County jails.” (/d.) The County of Westchester Attorney responded by letter dated February 23, 2023, stating that the Complaint lacked sufficient information to allow the County to identify the officials. (ECF No. 8.) Accordingly, it is hereby
ORDERED that Plaintiff file an Amended Complaint no later than May 12, 2023 providing information sufficient to allow the Village and County Attorneys to identify the John Doe prison officials named in the original Complaint. In the event Plaintiff does not file an Amended Complaint by May 12, 2023 or otherwise show good cause for failing to do so, this Court will dismiss the John Doe prison officials from the Complaint. Plaintiff is further advised that an amendment to a complaint completely supplants the previous complaint. In other words, he must include all allegations he wishes to be considered in the Amended Complaint, and if he fails to include any allegations he cannot rely upon the fact that he previously asserted allegations in the Complaint. A blank Amended Complaint form is attached hereto. The Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff at Plaintiff’s address listed on ECF and to show service on the docket. SO ORDERED. Dated: March 14, 2023 White Plains, New York NELSON S.ROMAN United States District Judge
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CVE TT a (clu ber if has b Write the full name of each plaintiff. evened) me eNews
against AMENDED
□ COMPLAINT ee Do you want a jury trial? LlYes ULINo
Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names listed above must be identical to those contained in Section Il.
NOTICE The public can access electronic court files. For privacy and security reasons, papers filed with the court should therefore not contain: an individual’s full social security number or full birth date; the full name of a person known to be a minor; or a complete financial account number. A filing may include only: the last four digits of a social security number; the year of an individual’s birth; a minor’s initials; and the last four digits of a financial account number. See Federal Rule of Civil Procedure 5.2.
Rev. 2/10/17
I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? [] Federal Question L] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory rights have been violated?
B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , ,is a citizen of the State of (Plaintiff's name)
(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of
If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.
Page 2
If the defendant is an individual:
The defendant, , is a citizen of the State of (Defendant’s name)
or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of . If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.
II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed.
First Name Middle Initial Last Name
Street Address
County, City State Zip Code
Telephone Number Email Address (if available) B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. If the correct information is not provided, it could delay or prevent service of the complaint on the defendant. Make sure that the defendants listed below are the same as those listed in the caption. Attach additional pages if needed. Defendant 1: First Name Last Name
Current Job Title (or other identifying information)
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 2: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 3: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code Defendant 4: First Name Last Name
Current Work Address (or other address where defendant may be served)
County, City State Zip Code III. STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case. Describe what happened, how you were harmed, and what each defendant personally did or failed to do that harmed you. Attach additional pages if needed. INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
IV. RELIEF State briefly what money damages or other relief you want the court to order. V. PLAINTIFF’S CERTIFICATION AND WARNINGS By signing below, I certify to the best of my knowledge, information, and belief that: (1) the complaint is not being presented for an improper purpose (such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation); (2) the claims are supported by existing law or by a nonfrivolous argument to change existing law; (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and (4) the complaint otherwise complies with the requirements of Federal Rule of Civil Procedure 11. agree to notify the Clerk's Office in writing of any changes to my mailing address. I understand that my failure to keep a current address on file with the Clerk's Office may result in the dismissal of my case.
Each Plaintiff must sign and date the complaint. Attach additional pages if necessary. If seeking to proceed without prepayment of fees, each plaintiff must also submit an IFP application.
Dated Plaintiff's Signature
Telephone Number Email Address (if available)
I have read the Pro Se (Nonprisoner) Consent to Receive Documents Electronically: OYes [LINo If you do consent to receive documents electronically, submit the completed form with your complaint. If you do not consent, please do not attach the form.
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