Emmanuel Obiagwu v. Atif Chohan, et al.

• Court: District Court, S.D. New York
• Decided: November 4, 2025
• Docket: 1:25-cv-07640
• Status: Unknown

Opinion

USONUITTEHDE RSTNA DTIESST DRIISCTTR OICF TN CEOWU YROTR K EMMANUEL OBIAGWU, Plaintiff, 25-CV-7640 (JMF) -against- ORDER OF SERVICE ATIF CHOHAN, et al., Defendants. JESSE M. FURMAN, United States District Judge: Plaintiff Emmanuel Obiagwu brings constitutional claims under 42 U.S.C. § 1983 against the City of New York, the New York City Police Department (“NYPD”), and seven individual NYPD police officers (Atif Chohan, Kaisean Branche, Amanda Ebrahim, Andrew Yoli, Mohammad Khan, Vadym Khalos, and Garret Williams). He also names a John Doe NYPD officer. As set forth below, the Court dismisses the claims brought against the NYPD, asks that the City of New York and the seven NYPD officers waive service of summons, and directs the New York City Law Department to identify the John Doe defendant Plaintiff seeks to sue. DISCUSSION A. New York City Police Department Plaintiff’s claims against the NYPD must be dismissed because an agency of the City of New York is not an entity that can be sued. N.Y. City Charter ch. 17, § 396 (“[A]ll actions and proceedings for the recovery of penalties for the violation of any law shall be brought in the name of the city of New York and not in that of any agency, except where otherwise provided by law.”); Jenkins v. City of New York, 478 F.3d 76, 93 n.19 (2d Cir. 2007); see also Emerson v. City of New York, 740 F. Supp. 2d 385, 396 (S.D.N.Y. 2010) (“[A] plaintiff is generally prohibited from suing a municipal agency.”). The claims Plaintiff asserts against the NYPD may be asserted against the City of New York, a named defendant. B. Waiver of Service The Clerk of Court is directed to electronically notify the New York City Police Department and the New York City Law Department of this order. The Court requests that the City of New York, Atif Chohan, Kaisean Branche, Amanda Ebrahim, Andrew Yoli, Mohammad Khan, Vadym Khalos, and Garret Williams waive service of summons. C. John Doe Defendant 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 City Police Department to identify the John Doe officer named in the complaint. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the NYPD, must ascertain the identity and badge number of the John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served.1 The Law Department 0F 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. 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 asking the newly named Defendant to waive service.

1 If the Doe defendant is a current or former NYPD employee or official, the Law Department should note in the response to this order that an electronic request for a waiver of service can be made under the e-service agreement for cases involving NYPD defendants, rather than by personal service at an NYPD precinct. If the Doe defendant is not a current or former NYPD employee or official, but otherwise works or worked with the NYPD, the Law Department must provide a residential address where the individual may be served.

2 D. The Court’s Individual Rules and Practices in Civil Pro Se Cases All parties must familiarize themselves with the Court’s Individual Rules and Practices in Civil Pro Se Cases, which are attached to this Order and available at https://nysd.uscourts.gov/ judge/Furman. Pro se parties are encouraged to consent to electronic service via ECF as it would ensure that the pro se party would receive documents in its case promptly by email instead of by regular mail. The consent form, along with instructions on how to fill it out, can be found at https://www. nysd.uscourts.gov/forms/consent-electronic-service-pro-se-cases. Unless and until a pro se party consents to receive electronic service, however, counsel are required to serve that pro se party with copies of documents filed with the Court and to file affidavits of such service with the Court thereafter.

Pursuant to the Court’s Individual Rules and Practices in Civil Pro Se Cases, a copy of which is attached to this Order, all communications with the Court by a pro se party — including the aforementioned letter — should be filed with the Pro Se Intake Unit by either (1) emailing the communication as an attachment in PDF format to Pro_Se_Filing@nysd.uscourts.gov (for instructions, see https://nysd.uscourts.gov/forms/instructions-filing-documents-email); or (2) mailing the communication to the Pro Se Intake Unit, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007.2 No documents or court filings should be sent directly to Chambers. Copies 1F of correspondence between a pro se party and counsel shall not be sent to the Court. There is a Pro Se Law Clinic in this District to assist parties in civil cases who do not have

2 In the alternative, the Court’s Individual Rules and Practices provide instructions for delivering communications to the Pro Se Intake Unit by hand. Additionally, as noted in the Court’s Individual Rules and Practices, a pro se party may move for leave to participate as an ECF filer; if granted leave, the pro se party can file documents on ECF.

3 lawyers. The Clinic may be able to provide Plaintiff with advice in connection with this case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice Center (“CBJC”); it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). To receive limited-scope assistance from the clinic, Plaintiff should make an appointment by completing the CBJC’s online intake form, located at https://www.citybarjusticecenter.org/projects/federal-pro-se- legal-assistance-project. CONCLUSION The Court dismisses the claims against the NYPD and directs the Clerk of Court to terminate this defendant. The Clerk of Court is directed to electronically notify the New York City Police Department and the New York City Law Department of this order. The Court requests that the named defendants waive service of summons and that the New York City Law Department respond as directed in the Valentin order. The Clerk of Court is directed to mail this Order and an information package to Plaintiff.

SO ORDERED. Dated: November 4, 2025 New York, New York ESSE RMAN ited States District Judge

Revised: July 1, 2024 INDIVIDUAL RULES AND PRACTICES IN CIVIL PRO SE CASES Jesse M. Furman, United States District Judge Pro Se Office United States District Court Southern District of New York Daniel Patrick Moynihan Courthouse 500 Pearl Street, Room 250 New York, NY 10007 (212) 805-0175 prose@nysd.uscourts.gov Unless otherwise ordered by the Court, these Individual Rules apply to all civil cases involving pro se litigants (that is, litigants without counsel) before Judge Furman. 1. Communications with Chambers A. Telephone Calls by a Pro Se Party. Pro se parties may not call the Court directly; any questions should be directed to the Pro Se Office at (212) 805-0175. B. Written Communications By a Pro Se Party. All communications with the Court by a pro se party should be in writing and delivered in person, mailed, or emailed to the Pro Se Office following the instructions in Paragraph 2(B) below. No documents or court filings may be sent directly to Chambers. Unless the Court orders otherwise, all communications with the Court will be docketed upon receipt; such docketing shall constitute service on any user of the ECF system. If any other party is not a user of the ECF system (e.g., if there is another pro se party in the case), a pro se party must send copies of any filing to that party and include an Affidavit of Service or other statement affirming that it has done so. Copies of correspondence between a pro se party and opposing parties shall not be sent to the Court. C. Communications by Parties Represented by Counsel. Except as otherwise provided below, communications with the Court by a represented party shall be governed by Judge Furman’s Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. D. Requests for Adjournments or Extensions of Time. All requests for adjournments or extensions of time must be made in writing and must state: (1) the original date(s); (2) the number of previous requests for adjournment or extension; (3) whether these previous requests were granted or denied; (4) the reasons for the requested extension; (5) whether the adversary consents and, if not, the reasons given by the adversary for refusing to consent; and (6) the date of the parties’ next scheduled appearance before the Court as well as any other existing deadlines. Requests for extensions of deadlines regarding a matter that has been referred to a Magistrate Judge shall be addressed to that assigned Magistrate Judge.

Absent an emergency, any request for extension or adjournment shall be made at least 48 hours prior to the deadline or scheduled appearance. Requests for extensions will ordinarily be denied if made after the expiration of the original deadline.

2. Filing of Papers and Service

A. Consent to Receive Electronic Service. To ensure timely service of documents, including Court Orders, non-incarcerated pro se parties are encouraged to consent to receive electronic service through the ECF System. To do so, a pro se party should review the instructions available at https://www.nysd.uscourts.gov/sites/ default/files/2021-03/Consent_Pro-Se_Eservice-Instructions.pdf, and then submit a Consent to Electronic Service (available at https://www.nysd.uscourts.gov/sites/ default/files/2021-03/Consent_Pro-Se_Eservice-form.pdf).

B. Papers Filed by a Pro Se Party. A pro se party may file papers with the Court by:

i. delivering them in person or mailing them to the Pro Se Office, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Room 250, New York, New York 10007;

ii. emailing them as an attachment in PDF format to prose@nysd.uscourts. gov, in which case the pro se party should follow the instructions contained in the April 1, 2020 Addendum to the Court’s ECF Rules & Instructions, available at https://www.nysd.uscourts.gov /electronic-case-filing; or

iii. filing them on the ECF System if the pro se party has filed a motion to participate in ECF (available at http://nysd.uscourts.gov/file/forms/motion -for-permission-for-electronic-case-filing-for-pro-se-cases and in the Pro Se Office) and been granted such permission by the Court.

C. Service on a Pro Se Party. Absent a pro se party consenting to receipt of electronic service, counsel in pro se cases must serve a pro se party with a paper copy of any document that is filed electronically and must file with the Court a separate Affidavit of Service. Submissions filed without proof of service that the pro se party was served will not be considered.

3. Discovery

All requests for discovery by a pro se party should be sent to counsel for the party from 2 whom discovery is sought. Discovery requests should not be sent to the Court.

If there are any discovery disputes, the parties are required to confer with one another in an effort to resolve the dispute without the need for Court intervention. If the parties are unable to resolve their dispute, either party may file a letter-motion, no longer than three pages and in accordance with Paragraph 1 above, explaining the nature of the dispute and requesting an informal conference. If the opposing party wishes to respond to the letter, it must promptly file a responsive letter, not to exceed three pages.

4. Motions

A. Filing and Service. Unless otherwise ordered by the Court, papers filed in opposition to a motion must be served and filed within 30 days of service of the motion papers, and reply papers, if any, must be served and filed within two weeks of receipt of opposition papers.

B. Pro Se Notices. Parties who file a motion to dismiss, a motion for judgment on the pleadings, or a motion for summary judgment must provide the pro se party with a copy of the notices required under Local Civil Rules 12.1 or 56.2.

C. Special Rule for Summary Judgment Motions. With respect to any deposition that is supplied, whether in whole or in part, in connection with a summary judgment motion, the index to the deposition should be included if it is available.

D. No Courtesy Copies. Unless the Court orders otherwise, parties should not submit courtesy hard copies of any submissions in pro se cases.

E. Oral Argument. Unless otherwise ordered by the Court, oral argument will not be heard in pro se matters.

5. Initial Case Management Conference

Absent a motion to dismiss, the Court will generally schedule an initial case management conference within four months of the filing of the complaint. The Notice of Initial Pretrial Conference will be docketed on ECF and mailed to the pro se party or parties. Unless and until the Court orders otherwise, the conference will be held remotely by telephone using the Court’s dedicated conference line, which can be access by calling (888) 363-4749 and then entering Access Code 542-1540, followed by the pound (#) key. If any party wishes for the conference to be conducted in person or by videoconference, he or she should confer with all other parties and promptly file a letter to that effect with the Court. The parties should consult the relevant scheduling order for additional information and guidance.

3 6. Trial Documents

A. Pretrial Statement. Unless otherwise ordered by the Court, within 30 days of the completion of all discovery or, if a summary judgment motion is filed, within 30 days of the Court’s ruling on summary judgment, the plaintiff in a pro se case shall file a concise, written Pretrial Statement. This Statement need take no particular form, but it must contain the following: (1) a statement of the facts the plaintiff hopes to prove at trial; (2) a list of all documents or other physical objects that the plaintiff plans to put into evidence at trial; and (3) a list of the names and addresses of all witnesses the plaintiff intends to have testify at trial. The Statement must be sworn by the plaintiff to be true and accurate based on the facts known by the plaintiff. If pro se, the plaintiff shall file an original of this Statement with the Pro Se Office. Two weeks after service of the plaintiff’s Statement, the defendant must file and serve a similar Statement of its case containing the same information.

B. Other Pretrial Filings. If the case is to be tried before only a Judge without a jury, any parties represented by counsel must also file proposed findings of fact and conclusions of law at the time of filing the Pretrial Statement. If the case is to be tried before a jury, any parties represented by counsel must also file proposed voir dire questions, a proposed jury charge, and a proposed verdict form at the time of filing the Pretrial Statement. At the time of filing, a represented party should e-mail these documents to the Court (Furman_NYSDChambers@nysd. uscourts.gov), in both .pdf and Microsoft Word formats. The pro se party may file such documents, but is not required to do so and need not submit them by e- mail.

7. Pro Se Clinic There is a Pro Se Law Clinic in this District to assist parties in civil cases who do not have lawyers. The Clinic may be able to provide a pro se litigant with advice in connection with his or her case. The Pro Se Law Clinic is run by a private organization; it is not part of, or run by, the Court (and, among other things, therefore cannot accept filings on behalf of the Court, which must still be made by any unrepresented party through the Pro Se Intake Unit). The Clinic is located in the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York, in Room LL22, which is just inside the Pearl Street entrance to that Courthouse. Under normal circumstances, the Clinic is open on weekdays from 10 a.m. to 4 p.m., except on days when the Court is closed. An unrepresented party can make an appointment by visiting the Clinic’s website at https://www.nysd.uscourts.gov/attorney/legal-assistance or by calling (212) 659-6190. 4