Maldonado v. Gunsett

Opinion

ORs UNITED STATES DISTRICT COURT POCUM ERS SOUTHERN DISTRICT OF NEW YORK □□ ALLY PELED □ nena nnn enn nnn nn enn ernment ennnn XK Bae cere es ee ae ema □ EDWIN MALDONADO, . DATE FLEE l-}- a Plaintiff, : Poneman 8

: FOURTH AMENDED ORDER OFFICER JOHN GUNSETT, et al., OF SERVICE Defendants. : 21 CV 3719 (VB) T-/-2e veneer ee een X Copics Lr □□ Chamber¥of Vinceni L. Briccetti Plaintiff, proceeding pro se and in forma pauperis, brings claims under 42 U.S.C. § 1983 for violations of his constitutional rights. By letter dated June 2, 2022, the Attorney General’s office identified the remaining John Doe defendants in this action, and the addresses where they may be served. (Doc. #48). On June 10, 2022, the Court ordered plaintiff to file a third amended complaint containing the full names of the John Doe defendants identified by the Attorney General. (Doc. #50). By letter dated June 23, 2022, the Attorney General’s office provided the correct name and service address for defendant Daniel F, Mulligan, who was previously mistakenly identified as defendant “Maligen.” (Doc. #55). On June 27, 2022, the Court received plaintiffs third amended complaint, dated June 17, 2022, which shall be separately docketed. Accordingly, itis HEREBY ORDERED: 1. The Clerk is instructed to fill out a U.S, Marshals Service Process Receipt and Return form for each named defendant listed in the Appendix to this Order. The Clerk is further instructed to issue a summons listing each defendant and deliver to the Marshals Service all paperwork necessary for the Marshals Service to effect

service upon each of the defendants. The service addresses for the defendants are also appended to this Order. 2. The previously-served defendants’ time to answer, move, or otherwise respond to the third amended complaint is STAYED pending service on the remaining defendants, or until September 30, 2022, whichever is later. 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 is instructed to address all future correspondence to the Pro Se Intake Unit at the following address: United States District Court Pro Se Intake Unit 300 Quarropas St. White Plains, NY 10601 The Court will not consider any future correspondence mailed directly to Chambers. To be clear, the Court will return to plaintiff, without considering, all future submissions sent directly to Chambers. Plaintiff also must notify the Court in writing if plaintiff's 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: July 1, 2022 White Plains, NY SO ul Ve Vincent L. Briccetti United States District Judge

APPENDIX 1) John Serrel Coxsackie Correctional Facility c/o DOCCS 11260 Route 9W P.O. Box 999 2) Dennis McGill 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) Kevin O’Connor 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. 4) Richard Smith II Mid-State Correctional Facility 9005 Old River Road P.O. Box 2500 Marcy, New York 13403 5) Clifford Gunsett Green Haven Correctional Facility 5 94 NY-216 Stormville, NY 12582 6) Douglas Hildebrandt Clinton Correctional Facility 1156 Cook Street Dannemora, New York 12929

7) Sergeant Jason Gwinn Auburn Correctional Facility 135 State Street Auburn, New York 13024

8) Lieutenant Daniel F. Mulligan Great Meadow Correctional Facility 11739 NY-22 Comstock, New York 1282 9) 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. 10) 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. 11) Deputy Superintendent Danielle Medbury Marcy Correctional Facility 9000 Old River Rd. Marcy, NY 13403