Gibson v. Burnett

District Court, S.D. New York·Decided May 20, 2022·No. 7:22-cv-01122·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID GIBSON, 22-ev-1122 (JGK) Plaintiff, ORDER - against - SUPERINTENDENT BURNETT, ET AL., Defendants. JOHN G. KOELTL, District Judge: The Court is in receipt of the plaintiff's letter dated May 8, 2022. In the letter, the plaintiff appears to allege, among other things, that correctional officers at the Marcy Correctional Facility (“MCF”) violated his rights. These correctional officers are not defendants in this action and the allegations in the May 8, 2022, letter do not appear to relate to the claims in this action. The plaintiff is advised that if he wishes to bring new claims arising from his incarceration at the MCF, including claims arising from the incidents described in the May 8, 2022, letter, the plaintiff should do so in a new complaint in an appropriate court. Because the MCF is in the Northern District of New York, the plaintiff should bring any claims arising from his incarceration at the MCF in the United States District Court for the Northern District of New York (“N.D.N.¥.%}. An N.D.N.Y. complaint form and an N.D.N.Y.

application to proceed without prepaying fees or costs are attached to this Order. On May 13, 2022, the New York State Attorney General filed

a letter attempting to identify the John and Jane Doe defendants described in the plaintiff’s complaint. ECF No. 8. The plaintiff is reminded that, pursuant to the Court’s Order dated March 15, 2022, the plaintiff must file an amended complaint naming the John and Jane Joe defendants by June 13, 2022. The plaintiff is also reminded that he must serve each defendant with a summons and the complaint. See Fed. R. Civ. P. 4. The plaintiff is advised that if he has difficulties serving the defendants, he

may request that the Court issue an order directing the United States Marshals to effect service on the defendants on the plaintiff’s behalf. Any such request should be accompanied by an application to proceed without prepaying fees or costs so that the Court could waive the costs of service. The New York State Attorney General’s May 13, 2022 letter; the Court’s March 15, 2022, Order; an amended complaint form; and an application to proceed in this Court without prepaying fees or costs are attached to this Order.

The Clerk is directed to mail a copy of this Order and its attachments to the plaintiff and to note service on the docket. SO ORDERED. Dated: New York, New York COS Lf May 19, 2022 LVL G ( ,6boq ; 50 “John G. Koeltl United’ States District Judge

3 .

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ) Plaintiff(s) ) Civil Case No.: ) Vs. ) CIVIL ) RIGHTS ) COMPLAINT Defendant(s) ) PURSUANT TO 42 U.S.C. § 1983

Plaintiff(s) demand(s) a trial by: oO JURY COURT (Select only one).

Plaintiffs) in the above-captioned action, allege(s) as follows:

JURISDICTION 1. This is a civil action seeking relief and/or damages to defend and protect the rights guaranteed by the Constitution of the United States. This action is brought pursuant to 4? U.S.C. § 1983. The Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1343(3) and (4) and 2201. PARTIES 2. Plaintiff: Address:

Additional Plaintiffs may be added on a separate sheet of paper. 3. a. Defendant: Official Position: Address:

b. Defendant: Official Position: Address:

c. Defendant: Official Position: Address:

Additional Defendants may be added on a separate sheet of paper.

4, FACTS Set forth the facts of your case which substantiate your claim of violation of your civil and/or Constitutional rights. List the events in the order they happened, naming defendants involved, dates and places. Note: You must include allegations of wrongful conduct as to EACH and EVERY defendant in your complaint. (You may use additional sheets as necessary).

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5. CAUSES OF ACTION Note: You must clearly state each cause of action you assert in this lawsuit.

FIRST CAUSE OF ACTION

SECOND CAUSE OF ACTION

THIRD CAUSE OF ACTION

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6. PRAYER FOR RELIEF WHEREFORE, plaintiff(s) request(s) that this Court grant the following relief:

we on I declare under penalty of perjury that the foregoing is true and correct. DATED:

Signature of Plaintiff(s) (all Plaintiffs must sign)

02/2010

AO 240 (Rev. 07/10) Application to Proceed in District Court Without rrepaying Pees oF Costs (onol Orn)

UNITED STATES DISTRICT COURT for the Northern District of New York

Plaintiff/Petitioner vy. ) Civil Action No.

Defendant/Respondent )

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Short Form) Iam a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief requested. In support of this application, 1 answer the following questions under penalty of perjury: 1. If incarcerated. | am being held at: __ _ □□ If employed there, or have an account in the institution, I have attached to this document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months. 2. not incarcerated, If 1am employed, my employer’s name and address are:

My gross pay or wages are: § , and my take-home pay or wages are: $ _ per (specify pay period) _ . 3. Other Income. In the past 12 months, I have received income from the following sources (check all that apply): (a) Business, profession, or other self-employment O Yes O No (b) Rent paymenis, interest, or dividends O Yes O No (c) Pension, annuity, or life insurance payments O Yes C1 No (d) Disability, or worker’s compensation payments O Yes O No (e) Gifts, or inheritances O Yes O No (f) Any other sources oO Yes tC] No Ifyou answered “Yes” to any question above, describe below or on separate pages each source of money and □ state the amount that you received and what you expect to receive in the future.

AO 240 (Rey, 07/10) Application to Procees in District Court Without Prepaying Pees OF 0868 (ONOr POrl:)

4, Amount of money that I have in cash or in a checking or savings account: $ 5. Any automobile, real estate, stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else’s name (describe the property and its approximate value}:

6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the monthiy expense}:

7, Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support:

8. Any debts or financial obligations (describe the amounts owed and to whom they are payable):

Declaration: 1 declare under penalty of perjury that the above information is true and understand that a false staternent may result in a dismissal of my claims.

Date Applicant's signature

— Printedname

- ak > STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL LETITIA JAMES DIVISION OF STATE COUNSEL ATTORNEY GENERAL _ LITIGATION BUREAU Writer’s Direct Dial: (212) 416-8665 May 13, 2022 Via ECF Honorable John G.

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