UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK GLENN JOHNSON, Plaintiff, ~ 23 Civ. 3018 (PAE) OF NEW YORK: NEW YORK CTY ORDER OF SERVICE OFFICERS JOHN AND JANE DOES 1-6, 25TH PRECINCT, Defendants.
PAUL A. ENGELMAYER, United States District Judge: Plaintiff Glenn Johnson, who ts currently detained at the Anna M. Kross Center (“AMKC”) on Rikers Island, brings this pro se action under 42 U.S.C. § 1983, alleging that he was illegally stopped and searched, and that he was subsequently “falsely arrested, imprisoned, and maliciously prosecuted based upon lies told by the NYPD police officers John and Jane Does 1-6” of the 25th Precinct.” Dkt. 1 at 4. On April 12, 2023, the Court granted Johnson’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.! STANDARD OF REVIEW The Prison Litigation Reform Act requires that federal courts screen complaints brought by prisoners who seek relief against a governmental entity or an officer or employee of a governmental entity, See 28 U.S.C. § 1915A(a). The Court must dismiss a prisoner’s IFP complaint, or any portion of the complaint, that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune
' 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).
from such relief. 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b); see Abbas v. Dixon, 480 F.3d 636, 639 (2d Cir. 2007). The Court must also dismiss a complaint if the Court lacks subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(G). While the law mandates dismissal on any of these grounds, the Court is obliged to construe pro se pleadings liberally, Harris v, Mills, 572 F.3d 66, 72 (2d Cir. 2009), and interpret them to raise the “strongest [claims] that they suggest,” Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir. 2006) (internal quotation marks and citations omitted) (emphasis in original). But the “special solicittude” in pro se cases, id. at 475 (citation omitted), has its limits ~ to state a claim, pro se pleadings still must comply with Rule 8 of the Federal Rutes of Civil Procedure, which requires a complaint to make a short and plain statement showing that the pleader is entitled to relief. Rule 8 requires a complaint to include enough facts to state a claim for relief “that is plausible on its face.” Bell Atl. Corp, v. Twombly, 550 U.S. 544, 570 (2007). A claim is facially plausible if the plaintiff pleads enough factual detail to allow the Court to draw the inference that the defendant is liable for the alleged misconduct. In reviewing the complaint, the Court must accept all well-pleaded factual allegations as true. Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009). But it does not have to accept as true “[t]hreadbare recitals of the elements of a cause of action,” which are essentially just legal conclusions. Twombly, 550 U.S. at 555. After separating legal conclusions from well-pleaded factual allegations, the Court must determine whether those facts make it plausible-—-not merely possible—that the pleader is entitled to relief. Id.
DISCUSSION A. New York City Police Department Johnson’s claims against the New York City Police Department 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 shal! 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.”). B. Service on the City of New York Because Johnson has been granted permission to proceed 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)). To allow Johnson to effect service on the City of New York 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 the City of New York. 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 the City of New York.
? Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served the summons and the complaint until the Court reviewed the complaint and ordered that the summons be issued. The Court therefore extends the time to serve until 90 days after the date the summons is issued.
If the complaint is not served within 90 days after the date the summons is issued, Johnson should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service). Johnson must notify the Court in writing if his address changes, and the Court may dismiss the action if Johnson fails to do so. C. John and Jane Doe Defendants 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, Johnson supplies sufficient information to permit the New York City Police Department to identify the police officers responsible for the alleged deprivation of his rights. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the New York City Police Department, must ascertain the identity and badge number of each John and Jane Doe whom Johnson secks to sue here and the addresses where these defendants may be served. The New York City Law Department must provide this information to Johnson and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Johnson must file an amended complaint naming the John Doe defendants. The amended complaint will replace, not supplement, the original complaint. An amended complaint form that Johnson should complete is attached to this order. Once Johnson has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John and Jane Doe Defendants and deliver all documents necessary to effect service to the U.S. Marshals Service.
D. New York Legal Assistance Group Johnson may consult the legal clinic in this District that assists people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group (“NYLAG”); 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 pro se party through the Pro Se Intake Unit). To receive limited-scope assistance from the Clinic, Johnson may mail a signed retainer and intake form to the NYLAG Pro Se Clinic at 40 Foley Square, LL22, NY, NY 10007. Once the paperwork is received, the Clinic will coordinate contact with the litigant. Once the paperwork is received, it may take up to two weeks for the Clinic to contact the litigant. Copies of the Clinic’s flyer, retainer, and intake form are attached to this order, CONCLUSION The Court dismisses Johnson’s claims against New York City Police Department. See 28 US.C. § 1915(e}(2)(B) The Clerk of Court is instructed to issue a summons for the City of New York, complete the USM-285 forms with the address for this Defendant, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this order and the complaint to the New York City Law Department at: 100 Church Street, New York, New York 10007. Johnson is referred to the NYLAG Pro Se Clinic. Copies of the Clinic’s flyer, retainer, and intake form are attached to this order. The Clerk of Court is directed to mail an information package to Johnson. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf
Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. Dated: April 18, 2023 New York, New York — an A LON Ve PAUL A. ENGELMAYER United States District Judge
DEFENDANT AND SERVICE ADDRESS
City of New York New York City Law Department 100 Church Street New York, NY 10007
eee ee See
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CV Write the full name of each plaintiff. {Include case number if one has been assigned} AMENDED “against- COMPLAINT (Prisoner) Do you want a jury trial? —_—— TT TTT CiYes LNo
Write the full name of each defendant. if you cannot fit the names of all of the defendants in the space provided, 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 IV.
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. 5/70/16
L LEGAL BASIS FOR CLAIM State below the federal legal basis for your claim, if known. This form is designed primarily for prisoners challenging the constitutionality of their conditions of confinement; those claims are often brought under 42 U.S.C. § 1983 (against state, county, or municipal defendants) or ina “Bivens” action {against federal defendants). Violation of my federal constitutional rights Other: Il, PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary.
tt First Name Middle Initial Last Name
pt State any other names (or different forms of your name) you have ever used, including any name you have used in previously filing a lawsuit.
□□ Prisoner ID # {if you have previously been in another agency's custody, please specify each agency and the ID number (such as your DIN or NYSID) under which you were held}
□ Current Place of Detention
a Institutional Address
a County, City State Zip Code Ill. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: L] Pretrial detainee C1 Civilly committed detainee Immigration detainee Convicted and sentenced prisoner [] Other:
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IV. DEFENDANT INFORMATION To the best of your ability, provide the following information for each defendant. 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 identical to those listed in the caption. Attach additional pages as necessary. Defendant 1: First Name Last Name Shield #
Current Job Title for other identifying information) Current Work Address County, City State Zip Code Defendant 2: First Name Last Name Shield #
Current Job Title (or other identifying information) Current Work Address
County, City State Zip Code Defendant 3: First Name Last Name Shield #
Current Job Title {or other identifying information)
Current Work Address
County, City State Zip Code Defendant 4: First Name Last Name Shield #
Current Job Title (or other identifying information)
County, City State Zip Code
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Vv. 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 how each defendant was personally involved in the alleged wrongful actions. Attach additional pages as necessary.
nn
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INJURIES: If you were injured as a result of these actions, describe your injuries and what medical treatment, if any, you required and received.
VE RELIEF State briefly what money damages or other relief you want the court to order.
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VIL. 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. I understand that if I file three or more cases while I am a prisoner that are dismissed as frivolous, malicious, or for failure to state a claim, I may be denied in forma pauperis status in future cases. also understand that prisoners must exhaust administrative procedures before filing an action in federal court about prison conditions, 42 U.S.C. § 1997e(a), and that my case may be dismissed if I have not exhausted administrative remedies as required. agree to provide the Clerk's Office with any changes to my 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
First Name Middle Initial Last Name
Prison Address
Date on which | am delivering this complaint to prison authorities for mailing:
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N Y □ A G Since 1990, NYLAG has provided free civil legal services to oo New Yorkers who cannot afford private attorneys. New York Legal Assistance Group Free Legal Assistance for Self-Represented Incarcerated Civil Litigants in Federal District Court
NYLAG Legal Clinic for Pro Se Litigants in The Clinic Can: Southern District of New York is a free legal staffed by attorneys, law students,and-.- . = Assist with amending complaints and responding tc to assist those who are representing motions to dismiss; or planning to represent themselves, . *« Represent litigants for settlement purposes and, in incarcerated litigants, in civil lawsuits in _ limited circumstances, for depositions; Southern District of New York federal court,, |. = Assist with written discovery; habeas cases. The clinic isnot partofor _ _« Recruit pro bono counsel for depositions and trial; by the court. dee be he Ba and ifa litigant has consulted with Clinic staff, Assist with oppositions to summary judgment. they retain other counsel and that counsel. te . . □□ oe Olinie staff cannot assist with habeas cases or a notice of appearance, they.remain ONO OD RENE ee ertminal matters. are responsible for doing: is necessary 1n connection with the case; NYLAG may also be unable to assist if it determines, in at ee court papers tote Pro ' its professional legal judgement, that (i) you have Intake Unit, ocate Jin Room 105 of the Daniel yefused to cooperate with the Clinic’s counsel or follow Moynihan Courthouse, 40 Foley Square, © Loss as : OEE BO Oa > the Clinic’s advice; (ii) any assistance would be York, New York,-or by following the court’s = - wes ne AE USSD ns Oy Un -. unreasonably difficult for NYLAG to carry out; or (ili) for filing via email as a pro se litigant... . . . □□ Oe your case 1s or will become frivolous, unreasonable, es VE aS eo groundless, or without merit. the Clinic: contact the clinic and request a copy of our retainer, please call (212) 659-6190 and leave a message or to us at the following address: NYLAG Legal Clinic for Pro Se Litigants Thurgood Marshall Federal Courthouse Room LL22 40 Foley Square New York, NY 10007 mail a signed retainer back to the clinic at the above address. Once the paperwork is received, clinic will contact you. It may take up to two weeks. Disclaimer: The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation. . □□□□□□□□□□□□□ of
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