Johnson v. Thomas
- Cathy Seibel
- 7:24-cv-07639
- U.S. District Court · Southern District of New York
- 6
In Johnson v. Thomas, Judge Seibel ordered service and identification steps in Sheldon P. Johnson’s pro se federal civil-rights case.
Sheldon P. Johnson; the 11 defendants ordered to be served; John Does #1 through #4; former Superintendent Michael Capra; the New York State Attorney General; the Clerk of Court; and the U.S. Marshals Service.
What happened
In Johnson v. Thomas, Sheldon P. Johnson, who is detained on Rikers Island, sued correctional, medical, and other defendants over alleged rights violations during his incarceration at Sing Sing Correctional Facility. He is representing himself and was previously allowed to proceed without paying filing fees upfront.
The court ordered the U.S. Marshals Service to serve 11 named defendants. It also directed the New York State Attorney General to identify four John Doe defendants and provide a service address for former Superintendent Michael Capra. Johnson must file an amended complaint naming the John Does after receiving their identities.
Judge Cathy Seibel’s order concerns service and case administration; it does not decide whether Johnson’s allegations are legally valid. The order sets deadlines for providing the Doe defendants’ identities, filing the amended complaint, and completing service.
The detailed version
- Johnson v. Thomas · No. 7:24-cv-07639
- Cathy Seibel
- Nov. 25, 2024
Background
Sheldon P. Johnson brings this civil-rights action under 42 U.S.C. § 1983 while representing himself. The opinion states that he is currently detained on Rikers Island and alleges that the defendants violated his rights when he was incarcerated at Sing Sing Correctional Facility. In an earlier order dated October 17, 2024, the court allowed him to proceed without prepaying filing fees.
This order does not resolve the underlying allegations. It addresses service of the complaint and the identification of defendants whose names or addresses were not available.
Service on Named Defendants
Because Johnson is proceeding without prepaying filing fees, the court ordered the Clerk of Court to issue summonses and provide the U.S. Marshals Service with the paperwork and addresses needed to serve Officer Clinton Thomas, Officer Cesar Gonzalez, Sergeant T. Knight, Officer T. Molloy, Latisha Johnson, Albert Helms, J. Manuel, Dr. Kachappilly, Dr. Felix Ezekwe, Dr. Frederick Parker, and Dr. Razia Ferdous.
The complaint must be served within 90 days after summonses are issued. If service is not completed within that period, Johnson should request an extension of time. The order also requires Johnson to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so.
John Doe Defendants
The court concluded that the complaint provides enough information for the New York State Department of Corrections and Community Supervision to identify John Does #1 through #4. Under a procedure allowing a self-represented litigant to obtain help identifying a defendant, the court ordered the New York State Attorney General to determine each John Doe’s identity, badge number, and service address and provide that information to Johnson and the court within 60 days of the order.
Within 30 days after receiving that information, Johnson must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and, if necessary, direct the Clerk to provide the Marshals Service with the information needed for service.
Former Superintendent Michael Capra
The court separately directed the Attorney General to provide a service address for former Superintendent Michael Capra. The conclusion specifically directs issuance of summonses and Marshals Service procedures for the 11 named defendants listed above, while directing the Attorney General to provide Capra’s service address.
Ruling
Judge Cathy Seibel ordered service on the specified named defendants and ordered the Attorney General to provide identification information for John Does #1 through #4 and a service address for Michael Capra. The order is procedural and does not determine the merits of Johnson’s civil-rights claims.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.