McBryde-O'Neal v. Polichetti

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK LAVERNE MCBRYDE-O’NEAL, Plaintiff, 23-CV-10113 (JPC) (RFT) -against- ORDER OF SERVICE TASK FORCE OFFICE DINO POLICHETTI, et al. Defendants.

ROBYN F. TARNOFSKY, UNITED STATES MAGISTRATE JUDGE:

Plaintiff, who is appearing pro se, alleges that Defendants violated her federal constitutional rights. (See ECF 1.) Defendants are identified and unidentified Drug Enforcement Administration (“DEA”) agents and other law enforcement officers. (See id, ECF 6, ECF 20.) By order dated December 1, 2023 (ECF 3), the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees. Because Plaintiff has been granted permission to proceed IFP, she is able 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). On February 9, 2024, the United States Attorney for the Southern District of New York (“USAO”) provided a list of the DEA agents it had identified in connection with a Valentin Order I issued on December 8, 2023 (ECF 6). (See ECF 14.) On May 17, 2024, the USAO filed a document in which it disclosed the identity of five additional unnamed defendants, including retired TFO David Comesanas. (See ECF 33.) The USAO filed a letter providing a potential service address for retired TFO Comesanas. (See ECF 52.) Formal service may wait until such time as Plaintiff amends the Amended Complaint to name retired TFO Comesanas as a defendant in this matter. For now, the USAO is directed by June 17, 2024 to mail the following documents to the address it provided for retired TFO Comesanas: (1) the Amended Complaint (ECF 19); (2) the letters filed by the USAO at ECF 14, ECF 33, and ECF 52; (3) this Court’s orders at ECF 20 and ECF 35; and (4) this order. The USAO shall file proof of such mailing on the docket by June 17, 2024. DATED: June 10, 2024 New York, NY SO Wave ROBYN F. TARNOFSKY United States Magistrate Judge

DEFENDANT AND SERVICE ADDRESS

1. Task Force Officer Jose Ortiz c/o Jill M. McCann DEA Office of Chief Counsel 8701 Morrissette Drive Springfield, VA 22152 2. Task Force Officer Dino Polichetti, Badge #7182 c/o Jill M. McCann DEA Office of Chief Counsel 8701 Morrissette Drive Springfield, VA 22152 3. Special Agent Michael Morris, Badge # 9148 c/o Jill M. McCann DEA Office of Chief Counsel 8701 Morrissette Drive Springfield, VA 22152 4. Special Agent Joseph Boccia, Badge # 10344 c/o Jill M. McCann DEA Office of Chief Counsel 8701 Morrissette Drive Springfield, VA 22152 5. Task Force Officer John Dooley c/o Jill M. McCann DEA Office of Chief Counsel 8701 Morrissette Drive Springfield, VA 22152 3