Maldonado v. Gunsett

Opinion

| DOCUMENT UNITED STATES DISTRICT COURT | ELECTRONICALLY ISLES SOUTHERN DISTRICT OF NEW YORK NOCH EDWIN MALDONADO, cap gee: 7 os □ Plaintiff, : Vv. : Os THIRD AMENDED ORDER OF x OFFICER JOHN GUNSETT, et al, : SERVICE □□ Defendants. OX 21 CV 3719 (VB) □

. . Plaintiff, proceeding pro se and in forma pauperis, brings claims under 42 U.S.C. § 1983 □□ □ for violations of his constitutional rights. On May 12, 2022, the Court directed the Attorney General to provide the Court with new, updated addresses where defendants John Rowe, Mathew Miller, Danielle Medbury, and Sergeant Maligen may be served. (Doc. #40). By letter dated May 25, 2022 (Doc. #45), the Attorney General updates the Court that defendant Rohl was “incorrectly identified” by plaintiff in the second amended complaint, and the defendant plaintiff intends to sue by that name is actually Sgt. Ralph Rohl. The Attorney General also provides new services addresses for defendants Rohl, Miller, and Medbury. Accordingly, it is HEREBY ORDERED: 1. The Clerk is instructed to terminate Sgt. John Rowe, J-Block 2018, from this action, and add Sgt. Ralph Rohl as a defendant on the docket. 2. The Clerk is instructed to fill out U.S. Marshals Service Process Receipt and Return forms for the defendants listed in the Appendix to this Order. The Clerk is further instructed to issue summonses listing the defendants and deliver to the Marshals Service all paperwork necessary for the Marshals Service to effect

ol

service upon the defendants. The service addresses for the defendants is appended to this Order. 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 in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Plaintiff also must notify the Court in writing if plaintiffs address changes, and the Court

may dismiss the action if he fails to do so. Chambers will mail a copy of this Order to plaintiff at the address on the docket. Dated: May 27, 2022 White Plains, NY SO ORDERED: owl Hr Vincent L.Briccetti United States District Judge

APPENDIX 1) Ralph Rohl c/o Office of Legal Counsel New York State Department of Corrections and Community Supervision 1220 Washington Avenue Albany, New York 12226 Att’n: Mark Richter, Esq. 2) Mathew Miller c/o Office of Legal Counsel New York State Department of Corrections and Community Supervision 1220 Washington Avenue Albany, New York 12226 Att’n: Mark Richter, Esq. 3) Deputy Superintendent Danielle Medbury Marcy Correctional Facility 9000 Old River Rd. Marcy, NY 13403