Williams v. N.Y.C. Dept. of Corrections

Opinion

ELECTRONICALLY FILED | DOC #: UNITED STATES DISTRICT COURT econ Uid0i20e0 SOUTHERN DISTRICT OF NEW YORK ALEXANDERWILLIAMS, Plaintiff, ORDER -V- 19-CV-3347 (LJL) (JLC) N.Y.C. DEPT. OF CORRECTIONS, et al., Defendants.

JAMES L. COTT, United States Magistrate Judge. By order dated July 17, 2020, the Court requested that Defendant Gorritz waive service of summons. Dkt. No. 11.1 On August 5, 2020, waiver of service was returned executed as to Defendant Gorritz. Dkt. No. 16. On August 20, 2020, waiver of service was then returned unexecuted as to Defendant Gorritz. Dkt. No. 19. The City noted that it “inadvertently filed a waiver executed on 8/05/20 at which time it was discovered that the defandant [sic] had already retired.” Id. Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in obtaining service information for a defendant. 121 F.3d 72, 76 (2d Cir. 1997). It is therefore ordered that the New York City Law Department, which is the attorney for and agent of the New York City Department of Correction, shall ascertain an address where Defendant Gorritz may be served. The New York City Law Department shall provide this information to the Court by December 4, 2020. Once received, the Court will issue a follow-up service order for Defendant Gorritz.

1 The docket entries refer to 20-cv-3992, which was consolidated with this case on August 27, 2020. Dkt. No. 20.

To the extent providing a home address raises confidentiality concerns, the New York City Law Department should request that the submission including Defendant Gorritz’s address be docketed as “court-view only.” SO ORDERED. Dated: November 20, 2020 New York, New York L / □□ A L. COTT (i States Magistrate Judge

A copy of this Order has been mailed to the following: Alexander Williams 141-180-1632 GRVC 09-09 Hazen Street E. Elmhurst, NY 11370