Brown v. Annucci ( 2022 )

USDC SDNY DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: DATE FILED: 4/6/2022 CARL BROWN, Plaintiff, -against- 19-cv-02296 (NSR) FORMER SUPT. OF GREEN HAVEN THOMAS ORDER GRIFFIN, et al., Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff, currently incarcerated at Great Meadow Correctional Facility, brings this pro se action under 42 U.S.C. §1983. By order dated June 20, 2019, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. (ECF No. 8.) On May 18, 2020, the Court issued an Order of Service in which it directed the Clerk of Court to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for each of the defendants pursuant to the second amended complaint that listed the service address for all Defendants, except Anthony Annucci, as Green Haven Correctional Facility, 594 Route 216, Stormville, NY, 12582-0010. (ECF No. 25.) On November 9, 2020, service was attempted and unexecuted on C.O. Fonseca as he was no longer present at Green Haven. (ECF No. 56.) On January 20, 2021, service on Lt. Susan Hann was unexecuted as she had retired. (ECF No. 67.) Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant. 121 F.3d 72, 76 (2d Cir. 1997). It is therefore ordered that the Janice Powers at the NYS AG, assist in identifying the proper addresses to effect service on Defendants Fonseca and Hann. Ms. Powers shall provide this information to Plaintiff and the Court within thirty days of the date of this order. Upon receipt of this information, the Court will issue an order directing the Clerk of the Court to send instructions to Plaintiff to effect service on the proper defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. Additionally, the Court has reviewed Plaintiff's letter dated March 27, 2022. (ECF No. 132.) The Government is directed to respond to Plaintiff's allegations involving his access to the law library on or before April 13, 2022. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff's address as listed on ECF, and show proof of such service on the docket. Dated: April 6, 2022 White Plains, New York NELSONS.ROMAN United States District Judge