Syville v. City of New York

District Court, S.D. New York·Decided June 18, 2020·No. 1:20-cv-00571·Unknown

Opinion

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: Alphonso Syville, DATE FILED:__ 6/18/2020 □□□ Plaintiff, 1:20-cv-00571 (LTS) (SDA) -against- ORDER OF SERVICE City of New York et al., Defendants.

STEWART D. AARON, United States Magistrate Judge: On June 15, 2020, Plaintiff filed a Letter titled Amended Complaint naming the two individual defendants identified by Defendant Project Renewal and requesting copies of certain cases documents. (See Letter, ECF No. 15.) Although Plaintiff was advised that his Amended Complaint would replace, not supplement, his earlier pleadings, the Amended Complaint only names the two individual defendants and does not include any substantive allegations. (See id.) However, under the unique circumstances involving this pro se Plaintiff, the Court will consider this amendment as a supplement to Plaintiff’s earlier pleadings. Thus, the Court deems both of Plaintiff’s January 21, 2020 Complaints (20-cv-00570 ECF No. 2 & ECF No.2), Plaintiff's January 24, 2020 Letter (ECF No. 4) and Plaintiff's January 15, 2020 amendment (ECF No. 15), together, as the operative pleading in this action. The operative pleading is attached to this Order as Exhibit A. Because Plaintiff has been granted permission to proceed in forma pauperis (“IFP”) (see ECF No. 5), he is entitled 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 ); see also 28 U.S. C. § 1915(d) (“The officers

of the court shall issue and serve all process . . . in [IFP] cases.”); Fed. R. Civ. P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP). To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the

Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for the newly added Defendants at the following addresses: 1. New York City Housing Authority 90 Church Street, 11th Floor New York, NY 10007

2. Mayor Bill de Blasio City Hall New York, NY 10007

3. New York State Office of Alcoholism Substance Abuse Services (“OASAS”) 501 7th Avenue New York, NY 10018-5903

4. Sera Security 2804A 3rd Ave Bronx NY 10455

5. Etta Graham Project Renewal 200 Varick Street New York, NY 10014

6. Judy Malloy Project Renewal 200 Varick Street New York, NY 10014

The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants. Because Plaintiff, who has otherwise consented to receive electronic service (see ECF No. 3), has requested copies of case documents, a copy of this Order and the attached operative pleading will be mailed to Plaintiff by Chambers. If Plaintiff needs copies of additional case documents, he must identify the specific documents that he requires. SO ORDERED. DATED: New York, New York June 18, 2020 Risa hd, Car STEWART D. AARON United States Magistrate Judge

EXHIBIT A UNITED STATES DISTRICT COURT ote SOUTHERN DISTRICT OF NEW YORK □ Pxhen Mao CAS SDowald Aloeo- □□ Ne SO SYVIWRY ET, al C6ea Wai Vero) □□

Write the full name of each plaintiff. 2 Oc (Include case n if on Ss □□□□ assigned) □□ -against (- \} | ,COMPLAINT We X> Qi) [owed Do you want a jury trial? Zo wl RY C1 Yes Wo NOLSS Seawes. ) ORSES Whe Da Basra, Wella, Sora Secvenly ETA Write the full name of each defendant. If you need more space, please write “see attached” in the space above and attach an additional sheet of paper with the full list of names. The names tisted above must be identica! to those contained in Section II. \pas \O- | OW

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.

I. BASIS FOR JURISDICTION Federal courts are courts of limited jurisdiction (limited power). Generally, only two types of cases can be heard in federal court: cases involving a federal question and cases involving diversity of citizenship of the parties. Under 28 U.S.C. § 1331, a case arising under the United States Constitution or federal laws or treaties is a federal question case. Under 28 U.S.C. § 1332, a case in which a citizen of one State sues a citizen of another State or nation, and the amount in controversy is more than $75,000, is a diversity case. In a diversity case, no defendant may be a citizen of the same State as any plaintiff. What is the basis for federal-court jurisdiction in your case? of Federal Question L] Diversity of Citizenship A. If you checked Federal Question Which of your federal constitutional or federal statutory mr e been violated? □□□ we ol □□□□ \ a VAS WiktsS Ao ah AD Lake el 0 \Q73 CA A Da beon Qwwos: □□□□□ Pea, ildant ok Veron dol, Wactrrmedont, □□□□□□ Ned Ty a B. If you checked Diversity of Citizenship 1. Citizenship of the parties Of what State is each party a citizen? The plaintiff , _is a citizen of the State of {Plaintiff's name)

(State in which the person resides and intends to remain.) or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of

If more than one plaintiff is named in the complaint, attach additional pages providing information for each additional plaintiff.

If the defendant is an individual: The defendant, , is a citizen of the State of (Defendant’s name)

or, if not lawfully admitted for permanent residence in the United States, a citizen or subject of the foreign state of

If the defendant is a corporation: The defendant, , is incorporated under the laws of the State of and has its principal place of business in the State of or is incorporated under the laws of (foreign state) and has its principal place of business in . If more than one defendant is named in the complaint, attach additional pages providing information for each additional defendant.

II. PARTIES A. Plaintiff Information Provide the following information for each plaintiff named in the complaint. Attach additional pages if needed. □□ NYoninls \ \ Nlass 4. se Dede \hseeos □□□ 5 First Name Middle Initial ast Name ot \ does KS Yo \N Lave Aol □□□ Street Address

County, City State Zip Code bb 673-3905 AposO2 97 © Aol Con Talonhone Niimmber Email Addrecc (if availahloa)

B. Defendant Information To the best of your ability, provide addresses where each defendant may be served. 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 the same as those listed in the caption. Attach additional pages if needed. Defendant 1: “Veoas C \ Canin RPA \ First Name Last Name

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Walker v. Schult
717 F.3d 119 (Second Circuit, 2013)