Walker v. Department of Correction
- Lorna Schofield
- 1:23-cv-06383
- U.S. District Court · Southern District of New York
- 7
In Walker v. Department of Correction, Judge Schofield ordered Kevin V. Walker to file a second amended complaint naming Martinez and Petrus by December 9, 2024.
Kevin V. Walker must file a second amended complaint naming Martinez and Petrus by December 9, 2024. The Department of Correction and the other defendants remain involved in the case, and the parties must participate in the scheduled conference.
What happened
In Walker v. Department of Correction, the City of New York identified two previously unnamed defendants, Martinez and Petrus, on October 29, 2024. The opinion states that those defendants waived formal delivery of the lawsuit papers.
The court ordered Kevin V. Walker to file a second amended complaint by December 9, 2024. The new complaint must name Martinez and Petrus and include any allegations about their conduct. It will replace, rather than add to, the earlier complaints.
The court also scheduled a conference for January 8, 2025, and directed the Clerk of Court to mail the order to the self-represented plaintiff. Judge Lorna G. Schofield issued the order.
The detailed version
- Walker v. Department of Correction · No. 1:23-cv-06383
- Lorna Schofield
- Nov. 8, 2024
Background
The case is a prisoner civil action brought by Kevin V. Walker against the Department of Correction and other defendants. The opinion states that the City of New York identified two John Doe defendants, Martinez and Petrus, on October 29, 2024, under a procedure for identifying previously unnamed defendants. The City also stated that Martinez and Petrus waived service.
An earlier order dated January 1, 2024, directed Walker to amend his complaint after receiving the identities of the John Doe defendants.
Order
The court ordered Walker to file a second amended complaint by December 9, 2024. The complaint must name Martinez and Petrus and include any allegations concerning their conduct. The court specified that the second amended complaint will replace, rather than supplement, the original and amended complaints. The court attached a second amended complaint form for Walker to complete.
The court also ordered that a conference be held on January 8, 2025, at 4:20 p.m., using the telephone number and access code provided in the order. The Clerk of Court was directed to mail the order to Walker, whom the opinion identifies as proceeding without a lawyer.
Disposition
The court did not decide the merits of Walker’s underlying claims in this order. Judge Lorna G. Schofield ordered the second amended complaint and scheduled the conference.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.