In re McDaniel Litigation

Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED CURTIS McDANIEL, DOC #: Plaintiff, DATE FILED; 10/15/2021 -against-

THE PEOPLE OF THE STATE OF NEW YORK, et al, 1:19-CV-7680 (AJN) (KHP) Defendants. ORDER

CURTIS McDANIEL, Plaintiff, -against-

NYC FIRE DEPARTMENT, NYC POLICE DEPARTMENT, JOHN and JANE DOES 1-7, CITY OF NEW YORK, Defendants.

KATHARINE H. PARKER, United States Magistrate Judge: Plaintiff was permitted to file a corrected Third Amended Complaint, which the Plaintiff named “4'" Amended Complaint.” (ECF No. 78.) This will be the operative complaint. No further amendments will be permitted. The Fourth Amended Complaint included the following defendants: Nicholas Evangelista, Julian Febres, Christopher Bobell, William Kelly, Edwin Sanchez, Steven Rathjen, Rosanna Espinal, Judy Biondolillo, John Doe, New York City Police Department, and the New York City Fire Department.

The following addresses were provided for purposes of service of process: Police Officer Nicholas Evangelista, Retired New York City Police Department 1 Police Plaza New York, NY 10007

Police Officer Julian Febres, Shield No. 21740 New York City Police Department 23rd Precinct 162 East 102nd Street New York, NY 10029

Police Officer Christopher Bobell, Shield No. 9032 New York City Police Department 23rd Precinct 162 East 102nd Street New York, NY 10029

Sergeant William Kelly, Shield No. 3073 New York City Police Department 23rd Precinct 162 East 102nd Street New York, NY 10029

Police Officer Edwin Sanchez, Shield No. 11957 New York City Police Department 23rd Precinct 162 East 102nd Street New York, NY 10029

Police Officer Steven Rathjen, Retired New York City Police Department One Police Plaza New York, NY 10038

Police Officer Rosanna Espinal, Shield No. 23019 New York City Police Department 23rd Precinct 162 East 102nd Street New York, NY 10029

Sergeant Judy Biondolillo, Shield No. 3229 New York City Police Department Housing Bureau P.S.A. #5 221 East 123rd Street New York, NY 10035

Because Plaintiff has been granted permission to proceed in forma pauperis (“IFP”), he is entitled to rely on the Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717 F.3d. 119, 123 n.6 (2d Cir. 2013); see also 28 U.S.C. § 1915(d) (“The officers of the court shall issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the Court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). Accordingly, the Clerk of Court is respectfully requested to issue a summons as to the above-listed Defendants, and the Marshalls are directed to serve the Fourth Amended Complaint on the above-listed Defendants within 90 days. As indicated in the Court’s prior order at ECF No. 76, the Plaintiff did not include the following Defendants in the Fourth Amended Complaint: The People of the State of New York,

Judge Charlotte E. Davidson, Judge A. Drysdale, A.D.A. Breen Lauren, Judge Ann D. Thompson, and John Doe Warden. Therefore, the Court presumes that Plaintiff is not pursuing claims against them. CONCLUSION To allow Plaintiff to effect service on all Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return

form (“USM-285 form”) for each of the Defendants for whom an address was provided above. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these Defendants. The Clerk of Court is respectfully requested to terminate the following Defendants as parties: The People of the State of New York, Judge Charlotte E. Davidson, Judge A. Drysdale, A.D.A. Breen Lauren, Judge Ann D. Thompson, and John Doe Warden. Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so. The Clerk of Court is directed to mail a copy of this order to Plaintiff. SO ORDERED. Dated: October 15, 2021 New York, New York Pg □ thoine (e-ke KATHARINE H. PARKER United States Magistrate Judge

The Clerk of Court is requested to mail a copy of this order to: Curtis McDaniel DIN # 20-A-0242 Bare Hill Correctional Facility Caller Box 20 181 Brand Road Malone, NY 12953