UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 6/28/ 2024 SALMAN MUFLIHI, Plaintiff, 24-CV-0395 (VEC) -against- ORDER OF SERVICE THE CITY OF NEW YORK, et al., Defendants. VALERIE CAPRONI, United States District Judge: Plaintiff, who is currently incarcerated at Attica Correctional Facility, paid the filing fees to commence this pro se action under 42 U.S.C. § 1983. He alleges that while he was a pretrial detainee at Rikers Island, Defendants deprived him of his rights under the Constitution by impeding his religious practice during Ramadan in 2021 and 2022. Named as defendants are: (1)the City of New York; (2) John Doe sergeants on duty at the Anna M. Kross Center (“AMKC”); (3) John and Jane Doe correctional officers on duty at AMKC; (4) “Islamic Affairs Coordinator – Imam”; and (5) Muslim Chaplain or the Director of Ministerial, Family and Volunteer Services. As set forth below, the Court: (1) requests that the City of New York waive service of a summons; and (2) directs the New York City Law Department to identify the John and Jane Doe defendants, including the Imam and Muslim Chaplain. DISCUSSION A. Waiver of Service The Court directs the Clerk of Court to electronically notify the New York City Department of Correction (“DOC”) and the New York City Law Department of this order. The Court requests that the City of New York waive service of a summons. B. Valentin Order Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying unidentified defendants. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the DOC to identify the John and Jane Doe who allegedly violated his rights. These defendants include: (1) the sergeants who were on duty
during the 3pm to 11pm shift at Mod 9 and 12 in AMKC during Ramadan, April 13, 2021, to May 13, 2021, and April 2, 2022, to May 2, 2022; (2) the correctional officers on duty during the 3pm to 11pm shift at Mod 9 and 12 in AMKC during Ramadan in 2021 and 2022; (3) the “Islamic Affairs Coordinator – Imam” employed at Rikers Island during Ramadan in 2021 and 2022; and (5) the Muslim Chaplain or the Director of Ministerial, Family and Volunteer Services employed at Rikers Island during Ramadan in 2021 and 2022. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the DOC, must ascertain the identity and badge number of each John or Jane Doe defendant whom Plaintiff seeks to sue here and the address where each defendant may be served.1 The New York City Law Department must provide this information to Plaintiff and the
Court within 60 days of the date of this order. Within 30 days of receiving this information, Plaintiff must file a second amended complaint naming the John and Jane Doe defendants. The second amended complaint will replace, not supplement, the amended complaint. A second amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed a second amended
1 If the Doe defendant is a current or former DOC employee or official, the New York City Law Department should note in the response to this order that an electronic request for a waiver of service can be made under the e-service agreement for cases involving DOC defendants, rather than by personal service at a DOC facility. complaint, the Court will screen the second amended complaint and, if necessary, issue an order asking the newly named defendants to waive service. CONCLUSION The Clerk of Court is instructed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York waive service of a summons. The Clerk of Court is further directed to mail a copy of this order and the complaint to: New York City Law Department, 100 Church Street, New York, New York 10007. A second amended complaint form is attached. The Clerk of Court is also instructed to mail an information package to Plaintiff and to note the mailing on the docket. SO ORDERED. Dated: June 27, 2024 New York, New York \ Qe ( ey VALERIE CAPRONI United States District Judge
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CVE Write the full name of each plaintiff. (Include case number if one has been assigned)
“against- COMPLAINT (Prisoner) Do you want a jury trial? ssssssss...0.0.0. L1Yes LINo
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. 5/20/16
I. 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). L] Violation of my federal constitutional rights L] Other: II. 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 II. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: L] Pretrial detainee L] Civilly committed detainee Immigration detainee L] Convicted and sentenced prisoner L] Other:
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 #
Current Job Title (or other identifying information)
Current Work Address
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
STATEMENT OF CLAIM Place(s) of occurrence:
Date(s) of occurrence: FACTS: State here briefly the FACTS that support your case.
Free access — add to your briefcase to read the full text and ask questions with AI
UNITED STATES DISTRICT COURT DOC #: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 6/28/ 2024 SALMAN MUFLIHI, Plaintiff, 24-CV-0395 (VEC) -against- ORDER OF SERVICE THE CITY OF NEW YORK, et al., Defendants. VALERIE CAPRONI, United States District Judge: Plaintiff, who is currently incarcerated at Attica Correctional Facility, paid the filing fees to commence this pro se action under 42 U.S.C. § 1983. He alleges that while he was a pretrial detainee at Rikers Island, Defendants deprived him of his rights under the Constitution by impeding his religious practice during Ramadan in 2021 and 2022. Named as defendants are: (1)the City of New York; (2) John Doe sergeants on duty at the Anna M. Kross Center (“AMKC”); (3) John and Jane Doe correctional officers on duty at AMKC; (4) “Islamic Affairs Coordinator – Imam”; and (5) Muslim Chaplain or the Director of Ministerial, Family and Volunteer Services. As set forth below, the Court: (1) requests that the City of New York waive service of a summons; and (2) directs the New York City Law Department to identify the John and Jane Doe defendants, including the Imam and Muslim Chaplain. DISCUSSION A. Waiver of Service The Court directs the Clerk of Court to electronically notify the New York City Department of Correction (“DOC”) and the New York City Law Department of this order. The Court requests that the City of New York waive service of a summons. B. Valentin Order Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying unidentified defendants. 121 F.3d 72, 76 (2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the DOC to identify the John and Jane Doe who allegedly violated his rights. These defendants include: (1) the sergeants who were on duty
during the 3pm to 11pm shift at Mod 9 and 12 in AMKC during Ramadan, April 13, 2021, to May 13, 2021, and April 2, 2022, to May 2, 2022; (2) the correctional officers on duty during the 3pm to 11pm shift at Mod 9 and 12 in AMKC during Ramadan in 2021 and 2022; (3) the “Islamic Affairs Coordinator – Imam” employed at Rikers Island during Ramadan in 2021 and 2022; and (5) the Muslim Chaplain or the Director of Ministerial, Family and Volunteer Services employed at Rikers Island during Ramadan in 2021 and 2022. It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the DOC, must ascertain the identity and badge number of each John or Jane Doe defendant whom Plaintiff seeks to sue here and the address where each defendant may be served.1 The New York City Law Department must provide this information to Plaintiff and the
Court within 60 days of the date of this order. Within 30 days of receiving this information, Plaintiff must file a second amended complaint naming the John and Jane Doe defendants. The second amended complaint will replace, not supplement, the amended complaint. A second amended complaint form that Plaintiff should complete is attached to this order. Once Plaintiff has filed a second amended
1 If the Doe defendant is a current or former DOC employee or official, the New York City Law Department should note in the response to this order that an electronic request for a waiver of service can be made under the e-service agreement for cases involving DOC defendants, rather than by personal service at a DOC facility. complaint, the Court will screen the second amended complaint and, if necessary, issue an order asking the newly named defendants to waive service. CONCLUSION The Clerk of Court is instructed to electronically notify the New York City Department of Correction and the New York City Law Department of this order. The Court requests that the City of New York waive service of a summons. The Clerk of Court is further directed to mail a copy of this order and the complaint to: New York City Law Department, 100 Church Street, New York, New York 10007. A second amended complaint form is attached. The Clerk of Court is also instructed to mail an information package to Plaintiff and to note the mailing on the docket. SO ORDERED. Dated: June 27, 2024 New York, New York \ Qe ( ey VALERIE CAPRONI United States District Judge
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
CVE Write the full name of each plaintiff. (Include case number if one has been assigned)
“against- COMPLAINT (Prisoner) Do you want a jury trial? ssssssss...0.0.0. L1Yes LINo
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. 5/20/16
I. 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). L] Violation of my federal constitutional rights L] Other: II. 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 II. PRISONER STATUS Indicate below whether you are a prisoner or other confined person: L] Pretrial detainee L] Civilly committed detainee Immigration detainee L] Convicted and sentenced prisoner L] Other:
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 #
Current Job Title (or other identifying information)
Current Work Address
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
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.
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.
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 anonfrivolous 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. I 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
Prison Address
Date on which | am delivering this complaint to prison authorities for mailing: