Murray v. City of New York

Nature of the order

This was an order of service in a civil-rights case. Robert Lee Murray, who the opinion says was detained on Rikers Island in the custody of the New York City Department of Correction, sued the City of New York, New York City Health + Hospitals, C.O. Bond #2413, and an unnamed doctor identified as “Doctor John Doe.” He proceeded without a lawyer under 42 U.S.C. § 1983, a federal law that permits certain claims alleging violations of federally protected rights by state or local actors. The court had previously granted his request to proceed without paying fees upfront.

The order addressed how the defendants would be notified of the lawsuit and how the unnamed doctor could be identified. It did not decide the truth of Murray’s allegations, whether the defendants violated his rights, or whether his claims could ultimately proceed.

Service on the City and Department of Correction defendant

The clerk was directed to notify the New York City Department of Correction and the New York City Law Department about the order. The court requested that the City of New York and C.O. Bond #2413 waive service of summons, meaning accept notice without requiring formal service in the usual manner.

Service on New York City Health + Hospitals

Because Murray was allowed to proceed without paying fees upfront, the court stated that he could rely on the court and the U.S. Marshals Service to complete service. The clerk was directed to prepare a U.S. Marshals Service Process Receipt and Return form, issue a summons for New York City Health + Hospitals, and deliver the necessary documents to the Marshals Service.

The court stated that service should occur within 90 days after the summons is issued. If service is not completed within that period, Murray should request more time. The court also instructed Murray to notify the court in writing if his address changes and stated that the action may be dismissed if he fails to do so.

Identifying the unnamed doctor

The court explained that a self-represented litigant is entitled to the district court’s assistance in identifying an unnamed defendant. It ordered New York City Health + Hospitals and the Physician Affiliate Group of New York, P.C. to determine the identity of the doctor whom Murray seeks to sue and the address where that defendant may be served. They must provide that information to Murray and the court within 60 days of the order.

Within 30 days after receiving the information, Murray must file an amended complaint naming the doctor. The amended complaint will replace, rather than supplement, the original complaint. After Murray files it, the court will screen the amended complaint and, if necessary, direct the clerk to prepare service documents for the named doctor.

Disposition

The court directed the clerk to carry out the service-related steps, mail the order and complaint to New York City Health + Hospitals and the Physician Affiliate Group of New York, and mail Murray an information package and an amended-complaint form. Judge J. Paul Oetken entered the order on November 26, 2024. The opinion contains no merits ruling on Murray’s civil-rights claims.