Salaam v. Doe

PS UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ___________________________________ RASHAD SALAAM, Plaintiff, ORDER -v- 20-CV-6351-EAW OFFICER JOHN DOE, Defendant. ___________________________________ Plaintiff Rashad Salaam (“Plaintiff”) filed this action on May 8, 2020, in the United States District Court for the Northern District of New York, (Dkt. 1), and it was subsequently transferred to this Court (Dkt. 4). Plaintiff also requested leave to proceed in forma pauperis (Dkt. 2; Dkt. 3), which was granted on April 6, 2021 (Dkt. 8). Once a plaintiff is granted permission to proceed in forma pauperis, the responsibility for effecting service of the summons and complaint shifts from the plaintiff to the Court. See 28 U.S.C. § 1915 (d); Wright v. Lewis, 76 F.3d 57, 59 (2d Cir. 1996). The only defendant in this action is “Officer John Doe,” an unidentified Attica Correctional Facility officer. In response to the Court’s request pursuant to Valentin v. Dinkins, 121 F.3d 72 (2d Cir. 1997), the Attorney General of the State of New York was unable to identify Officer John Doe because there was no unusual incident report made during Plaintiff’s confinement at Attica. (Dkt. 14). Plaintiff is now directed to provide, within 30 days of the date of this Order, a physical description of Officer John Doe and any other information that may lead to his identification, including but not limited to his shift hours and location at the time of the incident alleged in this action. SO ORDERED. _____________________________________ Elizabeth A. Wolford Chief Judge DATED: March 21, 2022 United States District Court Rochester, NY