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Smith v. Bradt

United States District Court, W.D. New York

January 29, 2014

AURIEL SMITH, Plaintiff,
v.
MARK BRADT, Superintendent, et al., Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

On December 2, 2013, the Court (Hon. Frank P. Geraci, Jr.), inter alia granted plaintiff permission to proceed in forma pauperis, dismissed certain claims pled in the complaint, directed the summons and complaint to be served upon defendants Mark Bradt and W. Hughes by the United States Marshals Service and requested, [1] pursuant to Valentin v. Dinkins , 121 F.3d 72 (2d. Cir. 1997) (per curiam), that the New York State Attorney General's Office, Buffalo Region, attempted to ascertain and advise the Court of the full names of the John Doe defendants named in the complaint, and provide the addresses where the John Doe defendants can currently be served. The complaint alleged that the John Doe defendants retaliated against plaintiff for filing grievances at the Attica Correctional Facility by pulling him out of his cell and assaulting him.

The Attorney General's Office submitted a letter to United States Magistrate Jeremiah J. McCarthy, to whom this matter is assigned directly, advising the Court that after speaking with personnel at the Attica Correctional Facility, Attica could not identify the John Doe defendants because it had no documentation concerning any alleged incident involving plaintiff on or around the date of the incident alleged in the complaint (January 5, 2013). Consequently, there was no information to provide plaintiff or the Court regarding the identities of the John Doe defendants.

The Court therefore directs that plaintiff must attempt to ascertain the identities of the John Doe defendants through discovery from the defendants upon their appearance in this action.[2]

SO ORDERED.


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