UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RONDELL McGEE,
Plaintiff, ORDER
-against- 7:24-CV-4772 (PMH) P.O. TERRENC DOYLE, et al.,
Defendants. PHILIP M. HALPERN, United States District Judge: On June 20, 2024, Rondell McGee (“Plaintiff”) commenced this action against members of the Yonkers Police Department: (1) Police Officer “Terrenc” Doyle; (2) Police Officer Shaban Khan (or Khan Shaban); (3) Police Officer Nee Lauren (or Lauren Nee); (4) Police Officer Mark Mendelson; and (5) Police Officer “Doe” Spano. (Doc. 1). On August 26, 2024, the Court issued an Order that directed service on the defendants and dismissed Plaintiff’s claims for Section 2241 habeas corpus relief without prejudice. (Doc. 10). On August 29, 2024, summonses were issued and an information package was mailed to Plaintiff. (Doc. 12; Doc. 13). On October 25, 2024, executed Marshal’s Process Receipts and Returns of Service were filed, indicating that each defendant was served on October 24, 2024. (Doc. 14—Doc. 18). No defendant has appeared or answered to date. A default may entered by the Clerk when a defendant fails to answer a complaint. The party seeking default judgment must adhere to the two-step process outlined in Fed. R. Civ. P. 55. First, pursuant to Rule 55(a), a party must obtain from the Clerk of the Court an entry of default. Fed. R. Civ. P. 55(a). If, like here, “plaintiff's claim[s are not] for a sum certain or a sum that can be made certain by computation . . . the party must apply to the court for a default judgment.” Fed. R. Civ. P. 55(b). The “district court has discretion under Rule 55(b)(2) once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action.” Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61, 65 (2d Cir. 1981). The Court likewise does not accept blindly the allegations concerning damages. See Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992) (citing Flaks v. Koegel, 504 F.2d 702, 707
(2d Cir. 1974)). While an evidentiary hearing under Rule 55(b)(2) is not required, a plaintiff must establish through affidavits or other evidence “a basis for the damages specified in the default judgment.” Transatl. Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (internal quotation marks omitted). Plaintiff, therefore, is directed to seek a Clerk’s Certificate of Default as to each of the defendants who have been properly served and have not appeared or answered the complaint in this action. Plaintiff is directed to obtain Clerk’s Certificates of Default by March 28, 2025. Plaintiff is advised that there is a Pro Se Law Clinic available to assist self-represented parties in civil cases. The Clinic may be able to provide a pro se party with advice in connection with their case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice
Center; 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 self-represented party through the Pro Se Intake Unit). Litigants in need of legal assistance should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org). The City Bar Justice Center’s retainer forms are attached to this Order. Plaintiff is reminded that he must notify the Court in writing if his address changes, and the Court may dismiss this action if he fails to do so. Plaintiff is further reminded that failure to comply with the Court’s orders may likewise result in dismissal of this action. The Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff; and to mail a copy of this Order to Yonkers Police Department Fourth Precinct, 53 Shonnard Place, Yonkers, New York 10701.
SO ORDERED. Dated: White Plains, New York (orm February 24, 2025 PHILIPM.HALPERN = =————<“—i— United States District Judge
Court was advised on February 14, 2025 that Plaintiff’s address had changed and accordingly, the docket was updated to reflect Plaintiff’s new address.
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ABOUT THE PROJECT The Federal Pro Se Legal Assistance Project provides limited assistance to self- represented litigants (plaintiffs and defendants) with cases involving civil legal matters in the United States District Court for the Southern District of New York (SDNY). This project assists plaintiffs and defendants on a variety of federal legal issues, including, among others, civil rights, employment discrimination, and disability discrimination. The team also assists incarcerated individuals with civil (non- criminal) claims. HOW WE HELP Fed Pro provides limited assistance through full-time attorneys, legal support team members, pro bono (volunteer) attorneys, law school/college interns, anda social work team. While we cannot provide full representation, Fed Pro can assist litigants by providing limited-scope services such as:
& Counseling about potential Consulting on discovery federal claims prior to filing suit &R matters Interpreting and explaining ga) Assisting with the settlement federal law and procedure S6-~—SCsprocesss (including mediation) Reviewing drafted pleadings and correspondence with the Court
HOW TO ACCESS OUR SERVICES
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CITY BAR CITY BAR JUSTICE CENTER JUSTICE CENTER SDNY Federal Pro Se Legal Assistance Project es
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK RONDELL McGEE,
Plaintiff, ORDER
-against- 7:24-CV-4772 (PMH) P.O. TERRENC DOYLE, et al.,
Defendants. PHILIP M. HALPERN, United States District Judge: On June 20, 2024, Rondell McGee (“Plaintiff”) commenced this action against members of the Yonkers Police Department: (1) Police Officer “Terrenc” Doyle; (2) Police Officer Shaban Khan (or Khan Shaban); (3) Police Officer Nee Lauren (or Lauren Nee); (4) Police Officer Mark Mendelson; and (5) Police Officer “Doe” Spano. (Doc. 1). On August 26, 2024, the Court issued an Order that directed service on the defendants and dismissed Plaintiff’s claims for Section 2241 habeas corpus relief without prejudice. (Doc. 10). On August 29, 2024, summonses were issued and an information package was mailed to Plaintiff. (Doc. 12; Doc. 13). On October 25, 2024, executed Marshal’s Process Receipts and Returns of Service were filed, indicating that each defendant was served on October 24, 2024. (Doc. 14—Doc. 18). No defendant has appeared or answered to date. A default may entered by the Clerk when a defendant fails to answer a complaint. The party seeking default judgment must adhere to the two-step process outlined in Fed. R. Civ. P. 55. First, pursuant to Rule 55(a), a party must obtain from the Clerk of the Court an entry of default. Fed. R. Civ. P. 55(a). If, like here, “plaintiff's claim[s are not] for a sum certain or a sum that can be made certain by computation . . . the party must apply to the court for a default judgment.” Fed. R. Civ. P. 55(b). The “district court has discretion under Rule 55(b)(2) once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action.” Au Bon Pain Corp. v. Artect, Inc., 653 F.2d 61, 65 (2d Cir. 1981). The Court likewise does not accept blindly the allegations concerning damages. See Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992) (citing Flaks v. Koegel, 504 F.2d 702, 707
(2d Cir. 1974)). While an evidentiary hearing under Rule 55(b)(2) is not required, a plaintiff must establish through affidavits or other evidence “a basis for the damages specified in the default judgment.” Transatl. Marine Claims Agency, Inc. v. Ace Shipping Corp., 109 F.3d 105, 111 (2d Cir. 1997) (internal quotation marks omitted). Plaintiff, therefore, is directed to seek a Clerk’s Certificate of Default as to each of the defendants who have been properly served and have not appeared or answered the complaint in this action. Plaintiff is directed to obtain Clerk’s Certificates of Default by March 28, 2025. Plaintiff is advised that there is a Pro Se Law Clinic available to assist self-represented parties in civil cases. The Clinic may be able to provide a pro se party with advice in connection with their case. The Pro Se Law Clinic is run by a private organization called the City Bar Justice
Center; 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 self-represented party through the Pro Se Intake Unit). Litigants in need of legal assistance should complete the City Bar Justice Center’s intake form to make an appointment. If a litigant has questions about the intake form or needs to highlight an urgent deadline already disclosed in the form, the clinic can be contacted by phone (212-382-4794) or email (fedprosdny@nycbar.org). The City Bar Justice Center’s retainer forms are attached to this Order. Plaintiff is reminded that he must notify the Court in writing if his address changes, and the Court may dismiss this action if he fails to do so. Plaintiff is further reminded that failure to comply with the Court’s orders may likewise result in dismissal of this action. The Clerk of Court is respectfully requested to mail a copy of this Order to Plaintiff; and to mail a copy of this Order to Yonkers Police Department Fourth Precinct, 53 Shonnard Place, Yonkers, New York 10701.
SO ORDERED. Dated: White Plains, New York (orm February 24, 2025 PHILIPM.HALPERN = =————<“—i— United States District Judge
Court was advised on February 14, 2025 that Plaintiff’s address had changed and accordingly, the docket was updated to reflect Plaintiff’s new address.
1-9 ee od Oy ms 1 O7-) ee-NS) oe =) Len] SINT BA 1 1 Uae □□ □□□□□□□□□□□□□□□□□□□□□ DIcid alenmeym (-\)\'m dela. a DIN RO rNEU □□
ABOUT THE PROJECT The Federal Pro Se Legal Assistance Project provides limited assistance to self- represented litigants (plaintiffs and defendants) with cases involving civil legal matters in the United States District Court for the Southern District of New York (SDNY). This project assists plaintiffs and defendants on a variety of federal legal issues, including, among others, civil rights, employment discrimination, and disability discrimination. The team also assists incarcerated individuals with civil (non- criminal) claims. HOW WE HELP Fed Pro provides limited assistance through full-time attorneys, legal support team members, pro bono (volunteer) attorneys, law school/college interns, anda social work team. While we cannot provide full representation, Fed Pro can assist litigants by providing limited-scope services such as:
& Counseling about potential Consulting on discovery federal claims prior to filing suit &R matters Interpreting and explaining ga) Assisting with the settlement federal law and procedure S6-~—SCsprocesss (including mediation) Reviewing drafted pleadings and correspondence with the Court
HOW TO ACCESS OUR SERVICES
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CITY BAR CITY BAR JUSTICE CENTER JUSTICE CENTER SDNY Federal Pro Se Legal Assistance Project es
LIMITED SCOPE LEGAL ASSISTANCE RETAINER AGREEMENT This agreement explains the terms of the limited legal assistance that the City Bar Justice Center (“CBJC’”) has agreed to perform for you through its Federal Pro Se Legal Assistance Projects (“Projects”). Writing your name at the end demonstrates your agreement to the terms herein. I. LIMITS OF ASSISTANCE The Projects agree to provide only limited scope legal assistance in connection with your matter. This means that: e You remain a self-represented (pro se) litigant and are responsible for all aspects of your case. CBJC is not your attorney of record in this matter. In the event that you are or become a party to a case in the Eastern District of New York or the Southern District of New York or any other forum, CBJC will not enter an appearance or otherwise act on your behalf without expressly agreeing to do so and entering into a separate signed agreement with you. CBJC has no obligation to enter into any such agreement. e CBUJC has sole discretion to determine the specific type of services provided. These services may include providing advice and counsel about your case, explaining court orders and procedures, reviewing and commenting on your drafts, assisting with drafting, and discussing strategy. e This retainer covers this consultation only. CBUC can stop assisting you with this matter at any time for any reason consistent with the New York Rules of Professional Conduct. e CBJC has not agreed to represent or assist you on any other matter in the future. If CBJC does agree to any representation on another matter, then a separate signed retainer agreement will be necessary. e You may request but are not guaranteed subsequent appointments. CBJC will only provide assistance on subsequent appointments if it provides you with confirmation to you of such assistance, via email or otherwise, with such additional assistance governed by the terms of this agreement, including that the assistance is for that consultation only and that CBJC has sole discretion to decide whether it will provide any additional future consultations. e You are responsible for and must meet all deadlines in your case, regardless of whether you are able to have an appointment at the Projects in the Eastern District or the Southern District.
II. FREE ASSISTANCE, NON-ATTORNEY PROVIDERS, AND COMPETENCY CBJC does not charge for this assistance. You may be assisted by law students and/or paralegals under the supervision of an attorney consistent with the Rules of Professional Responsibility. CBJC’s assistance does not guarantee success or any particular outcome but that CBJC will provide competent assistance. III. TERMINATION OF ASSISTANCE Your participation is entirely voluntary, and you are free to stop receiving CBJC’s limited scope assistance at any time. CBJC may stop providing limited assistance at its sole discretion consistent with the New York Rules of Professional Conduct. If CBJC chooses to stop providing limited assistance, it will provide notice by email, mail, or phone. IV. COSTS OF LITIGATION Filing a lawsuit or defending against a case when you are sued can involve costs. You are responsible for all costs, including filing fees. The CBJC will not pay for any costs associated with your case. The Court may allow you to proceed without paying filing fees (this is called “proceeding in forma pauperis”). Whether you are allowed to proceed in forma pauperis is entirely up to the Court. V. CONFIDENTIALITY CBJC will take all reasonable steps to maintain any information you provide as confidential. VI. REVIEW AND CONSENT If you have questions or concerns, please leave a voicemail for the Project at (212) 382- 4794, and someone will call you back to discuss this agreement. By signing and writing today's date below, you indicate that you: have had an opportunity to discuss this agreement with CBJC or another Attorney of your choice; have read and understand this agreement; consent to the terms of this agreement; and understand the possible risks and benefits of proceeding with limited scope assistance.
Signature Date
Please mail these completed forms to the City Bar Justice Center, Pro Se Legal Assistance Project, 40 Foley CITY BAR CITY BAR JUSTICE CENTER JUSTICE CENTER SDNY Federal Pro Se Legal Assistance Project es Name: Date of Birth: Facility: Identification #
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