Gibson v. St. Elizabeth Medical Center Hospital Executive Director

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DAVID GIBSON, Plaintiff, -against- 22-CV-4213 (KMK) MOUNT VERNON MONTEFIORE HOSPITAL EXECUTIVE DIRECTOR; DR. VALENTIN ORDER MARIE SAMUELS; DR. GAETAN ZAMILUS; DR. JANICE WOLFRIEDMAN, Defendants. KENNETH M. KARAS, United States District Judge: Plaintiff, currently incarcerated at Marcy Correctional Facility, brings this pro se Action under 42 U.S.C. § 1983, alleging deliberate indifference to medical needs. By Order dated November 28, 2022 the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis.1 Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the Court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). It is therefore ordered that the Attorney General, who is the attorney for and agent of the medical personnel whom Defendant seeks to sue, shall ascertain the addresses where these Defendants may be served. The Attorney General shall provide this information to Plaintiff and the Court within 60 days of the date of this Order. CONCLUSION The Clerk of Court is directed to mail a copy of this Order to Plaintiff.

1 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. See 28 U.S.C. § 1915(b)(1). The Clerk of Court is also directed to mail a copy of this Order and the Complaint to the New York State Attorney General at: 28 Liberty Street, New York, NY 10005. SO ORDERED. Dated: December 1, 2022 White Plains, New York

KENNETH M. KARAS United States District Judge