UNITED STATES DISTRICT COURT i oes ay ee SOUTHERN DISTRICT OF NEW YORK ga □□ EDWIN MALDONADO, oo WV Plaintiff, □ raed yp ORDER V. 21 CV 3719 (VB □□ OFFICER JOHN GUNSETT, et al., : Copies (site axed | Defendants. Chambers ofWincent L. Briccett nena nnn nnn enn nnn nena nnn X Plaintiff commenced the instant action against defendants John Gunsett, et al., by filing a complaint on April 26, 2021. (Doc. #1). Plaintiff filed an amended complaint on September 17, 2021. (Doc. #7). On November 10, 2021, the Court entered an Order of Service containing a Valentin Order which directed the Attorney General to ascertain the identities of the thirteen John and Jane Doe defendants plaintiff sought to sue in his amended complaint and provide such information to the plaintiff and the Court by January 10, 2022. (Doc. #9). The Court further ordered plaintiff to file a second amended complaint naming the John and Jane Doe defendants within 30 days of receiving this information from the Attorney General, and attached to the Order a second amended complaint form for that purpose. By letter dated January 10, 2022 (Doc. #14), the Attorney General’s office identified seven of the thirteen John and Jane Doe defendants—specifically John and Jane Doe defendants (1), and (8) through (13)—but advised the Court that it has been unable to identify the remaining six John Doe defendants—namely, John Doe defendants (2) through (7). Accordingly, it is HEREBY ORDERED: 1. By February 14, 2022, plaintiff shall file a second amended complaint. Plaintiff shall use the second amended complaint form attached to this Order.
2. The second amended complaint must contain the full names of the John and Jane Doe defendants identified by the Attorney General. 3. To the greatest extent possible, the second amended complaint shall also supply any additional identifying or descriptive details regarding the remaining, unidentified John Doe defendants, including by providing the following information, to the best of his knowledge: a, as to each remaining John Doe defendant, provide a physical description (including height, weight, ethnicity, skin color, etc.), and give his title or rank; b. for each relevant event alleged in the second amended complaint, state specific facts that support plaintiff’s case including what each individual defendant did or failed to do; c. give the dates and times of each relevant event or, if not known, the approximate date and time of each relevant event; 4, The second amended complaint will completely replace, not merely supplement, the existing complaint. Therefore, plaintiff must include in the second amended complaint all information necessary for his claims. However, plaintiff is directed to include in his second amended complaint only those facts and documents he believes plausibly support a violation of his constitutional rights. 5, Plaintiff is reminded that any factual allegation in the second amended complaint must be true to the best of his knowledge, information, and belief. See Fed. R. Civ. P. 11(b)(3). 6. If plaintiff fails to file a second amended complaint by February 14, 2022, the Court may dismiss the case for failure to prosecute or failure to comply with a Court order. See Fed. R. Civ. P. 41(b).
7. Once plaintiff has filed a second amended complaint, the Court will screen the second amended complaint and, if necessary, issue an order directing the Clerk to issue summonses, complete the USM-285 forms with the addresses of the newly-named defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. 8. Within thirty days of receiving the additional information regarding the remaining John Doe defendants (2) through (7), the Attorney General shall ascertain the identities of the remaining John Doe defendants and the addresses where these defendants may be served and provide this information to plaintiff and the Court. At that time, the Court will issue any further appropriate order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to the plaintiff at the address on the docket. Dated: January 12, 2022 White Plains, NY SO ORDERED: Ie Vincent L. Briccetti United States District Judge
ee □□□□□□□□□□□□□□□□□□□□□ SSS 005000 0"—' UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
No. Write the full name of each plaintiff. (To be filled out by Clerk’s Office) SECOND AMENDED -against- COMPLAINT (Prisoner) Do you want a jury trial? OlYes ONo
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. 5/6/16
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: I. PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary.
First Name Middle Initial Last Name
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
Institutional Address
County, City State Zip Code Ill. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: Pretrial detainee Civilly committed detainee LJ 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 (or other identifying information)
Current Work Address
County, City State Zip Code Defendant 2: First Name Last Name Shield #
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UNITED STATES DISTRICT COURT i oes ay ee SOUTHERN DISTRICT OF NEW YORK ga □□ EDWIN MALDONADO, oo WV Plaintiff, □ raed yp ORDER V. 21 CV 3719 (VB □□ OFFICER JOHN GUNSETT, et al., : Copies (site axed | Defendants. Chambers ofWincent L. Briccett nena nnn nnn enn nnn nena nnn X Plaintiff commenced the instant action against defendants John Gunsett, et al., by filing a complaint on April 26, 2021. (Doc. #1). Plaintiff filed an amended complaint on September 17, 2021. (Doc. #7). On November 10, 2021, the Court entered an Order of Service containing a Valentin Order which directed the Attorney General to ascertain the identities of the thirteen John and Jane Doe defendants plaintiff sought to sue in his amended complaint and provide such information to the plaintiff and the Court by January 10, 2022. (Doc. #9). The Court further ordered plaintiff to file a second amended complaint naming the John and Jane Doe defendants within 30 days of receiving this information from the Attorney General, and attached to the Order a second amended complaint form for that purpose. By letter dated January 10, 2022 (Doc. #14), the Attorney General’s office identified seven of the thirteen John and Jane Doe defendants—specifically John and Jane Doe defendants (1), and (8) through (13)—but advised the Court that it has been unable to identify the remaining six John Doe defendants—namely, John Doe defendants (2) through (7). Accordingly, it is HEREBY ORDERED: 1. By February 14, 2022, plaintiff shall file a second amended complaint. Plaintiff shall use the second amended complaint form attached to this Order.
2. The second amended complaint must contain the full names of the John and Jane Doe defendants identified by the Attorney General. 3. To the greatest extent possible, the second amended complaint shall also supply any additional identifying or descriptive details regarding the remaining, unidentified John Doe defendants, including by providing the following information, to the best of his knowledge: a, as to each remaining John Doe defendant, provide a physical description (including height, weight, ethnicity, skin color, etc.), and give his title or rank; b. for each relevant event alleged in the second amended complaint, state specific facts that support plaintiff’s case including what each individual defendant did or failed to do; c. give the dates and times of each relevant event or, if not known, the approximate date and time of each relevant event; 4, The second amended complaint will completely replace, not merely supplement, the existing complaint. Therefore, plaintiff must include in the second amended complaint all information necessary for his claims. However, plaintiff is directed to include in his second amended complaint only those facts and documents he believes plausibly support a violation of his constitutional rights. 5, Plaintiff is reminded that any factual allegation in the second amended complaint must be true to the best of his knowledge, information, and belief. See Fed. R. Civ. P. 11(b)(3). 6. If plaintiff fails to file a second amended complaint by February 14, 2022, the Court may dismiss the case for failure to prosecute or failure to comply with a Court order. See Fed. R. Civ. P. 41(b).
7. Once plaintiff has filed a second amended complaint, the Court will screen the second amended complaint and, if necessary, issue an order directing the Clerk to issue summonses, complete the USM-285 forms with the addresses of the newly-named defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. 8. Within thirty days of receiving the additional information regarding the remaining John Doe defendants (2) through (7), the Attorney General shall ascertain the identities of the remaining John Doe defendants and the addresses where these defendants may be served and provide this information to plaintiff and the Court. At that time, the Court will issue any further appropriate order. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purposes of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Chambers will mail a copy of this Order to the plaintiff at the address on the docket. Dated: January 12, 2022 White Plains, NY SO ORDERED: Ie Vincent L. Briccetti United States District Judge
ee □□□□□□□□□□□□□□□□□□□□□ SSS 005000 0"—' UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
No. Write the full name of each plaintiff. (To be filled out by Clerk’s Office) SECOND AMENDED -against- COMPLAINT (Prisoner) Do you want a jury trial? OlYes ONo
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. 5/6/16
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: I. PLAINTIFF INFORMATION Each plaintiff must provide the following information. Attach additional pages if necessary.
First Name Middle Initial Last Name
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
Institutional Address
County, City State Zip Code Ill. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: Pretrial detainee Civilly committed detainee LJ Immigration detainee Convicted and sentenced prisoner Other:
Page 2
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 (or other identifying information)
Current Work Address
County, City State Zip Code Defendant 2: First Name Last Name Shield #
County, City State Zip Code Defendant 3: First Name Last Name Shield #
County, City State Zip Code Defendant 4: First Name Last Name Shield #
County, City State Zip Code
Page 3
V. 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.
□
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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.
VI, RELIEF State briefly what money damages or other relief you want the court to order.
Page 5
VII. 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. T 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. I 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. I 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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