Donald v. Bennett

Background

Clairmont Donald is proceeding without a lawyer in an action under 42 U.S.C. § 1983. He alleges that the defendants violated his rights while he was held at the Sullivan County Correctional Facility. The court had previously allowed him to proceed without prepaying filing fees. With the court’s permission, Donald filed an amended complaint on January 8, 2025, adding, among other things, a John Doe defendant.

John Doe Identification

The court relied on the rule that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that Donald’s amended complaint supplied enough information for the New York State Department of Corrections and Community Service (DOCCS) to identify the John Doe defendant involved in the alleged violations.

The court ordered the New York State Attorney General, identified as DOCCS’s attorney and agent, to determine the John Doe defendant’s identity and the address where that defendant could be served. The Attorney General must provide the information to Donald and the court within 60 days of the order.

Effect of the Order

After receiving the information, the court will treat the amended complaint as amended to name that defendant. It will then direct the Clerk of Court to complete the USM-285 service form with the defendant’s address. The Clerk was also directed to mail a copy of the order to the New York State Attorney General.

The court certified that an appeal from the order would not be taken in good faith and denied Donald permission to proceed without prepaying fees for an appeal. The order did not decide the merits of Donald’s civil-rights allegations.