Torres v. City of New York

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK WILFREDO TORRES, Plaintiff, vs. ORDER CITY OF NEW YORK; NEIL VERAS; PATRICIA DE JESUS; JOHN DOE, POLICE 19 Civ. 6332 (ER) OFFICER #1; JOHN DOE, POLICE OFFICER #2; JOHN DOE, POLICE OFFICER #3; NEW YORK CITY HEALTH AND HOSPITALS JOHN DOE, MD #1, Defendants.

RAMOS, D.J.:

Wilfredo Torres, proceeding pro se, alleges constitutional violations by the City of New York (the “City”), New York City Health and Hospitals, Neil Veras, Patricia De Jesus, three John Doe Police Officers and a John Doe doctor (the “John Doe Defendants”). Docs. 2, 12. On February 7, 2020 the Court directed the City, pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997), to identify the John Doe Defendants within sixty days (the “Valentin Order”). Doc. 14 at 3. On April 10, 2020, the Court granted the City’s first request for a sixty-day extension of the time to respond to the Valentin Order. Doc. 18. According to the City, it had not identified the John Doe doctor because the City had yet to secure a medical release from Torres. Doc. 17 at 2- 3. On June 8, 2020, the City requested a second sixty-day extension of the time to respond to the Valentin Order and to be relieved of its obligation to identify the John Doe doctor because of Torres’s “refusal to execute and return” the medical release required to obtain his medical records and therefore identify the John Doe doctor. Doc. 27 at 2. On June 9, 2020, the Court granted both requests. Doc. 28. However, on June 23, 2020, the Court received a letter from Torres indicating that he would “immediately” return an executed medical release to the City to facilitate the City’s compliance with the Valentin Order. Doc. 33 at 2. Accordingly, Torres is directed to execute and return the requisite medical release to the City by June 29, 2020. Failure to do so will result in the City being relieved of its obligation to identify the John Doe doctor. Upon receipt of Torres’ medical release, the City is again directed to identify the John Doe doctor along with the other John Doe Defendants by August 7, 2020. A copy of this Order will be sent by Chambers to Wilfredo Torres, 470 Second Avenue, Apt. 2A, New York, New York 10016.

It is SO ORDERED.

Dated: June 24, 2020 New York, New York ail i i. EDGARDO RAMOS, U.S.DJ. 0