DeLeon v. Johnson
- Kenneth Karas
- 7:24-cv-08101
- U.S. District Court · Southern District of New York
- 8
In DeLeon v. Johnson, Judge Karas ordered identification and service information for prison-employee defendants and required an amended complaint, without deciding the claims.
Jonathan DeLeon, the listed prison-employee defendants, the New York Attorney General, and the New York Department of Corrections and Community Supervision. The order requires the Attorney General to identify defendants and service addresses and requires DeLeon to file an amended complaint.
What happened
In DeLeon v. Johnson, Jonathan DeLeon is suing Sergeant Johnson and other defendants. The court said the U.S. Marshals Service had been unable to serve the defendants named in the complaint. The opinion does not decide whether DeLeon’s claims have merit.
The court directed the New York Attorney General to identify the defendants and provide addresses where they could be served, including last-known home addresses for any defendants no longer employed by the New York Department of Corrections and Community Supervision. The Attorney General must provide that information to DeLeon and the court within 60 days.
Within 30 days after receiving the information, DeLeon must file an amended complaint naming the identified defendants and giving their service addresses; that complaint will replace the original. Judge Karas also directed the Attorney General to respond within 30 days to DeLeon’s proposed order seeking a preliminary injunction and temporary restraining order.
The detailed version
- DeLeon v. Johnson · No. 7:24-cv-08101
- Kenneth Karas
- Apr. 2, 2025
Background
Jonathan DeLeon, who is incarcerated at Clinton Correctional Facility, is proceeding without a lawyer and without paying the filing fee. The court had issued summonses for Sergeant Johnson, Sergeant Clark, C.O. Bell, C.O. J. Pagan, C.O. R. Kreischer, Superintendent Miller, C.O. Rodriguez, and C.O. Phil. The United States Marshals Service was unable to serve any of them.
The court explained that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant. It found that DeLeon’s complaint provided enough information for the New York Department of Corrections and Community Supervision, or DOCCS, to identify the listed defendants.
Court’s directions
The court directed the New York Attorney General, as DOCCS’s attorney and agent, to determine the identities of the defendants DeLeon seeks to sue and the addresses where they can be served. If a defendant is no longer employed by DOCCS, the Attorney General must provide that defendant’s last-known home address. The Attorney General must give this information to DeLeon and the court within 60 days of the order.
DeLeon must file an amended complaint within 30 days after receiving the identification and address information. The amended complaint must name the newly identified individuals and provide their service addresses. It will replace, rather than supplement, the original complaint. After DeLeon files it, the court will screen the amended complaint and, if necessary, issue directions for serving the newly identified defendants and for their compliance with Local Civil Rule 33.2.
The court also directed the Attorney General to respond within 30 days to DeLeon’s proposed order to show cause seeking a preliminary injunction and temporary restraining order. The Clerk of Court was directed to serve the order and complaint on the New York Attorney General’s Office.
Result and significance
This order addresses identifying defendants, completing service, amending the complaint, and responding to DeLeon’s request for temporary relief. It does not resolve the underlying claims or determine whether any defendant violated DeLeon’s rights. Judge Kenneth M. Karas ordered the stated procedural steps and did not enter a merits ruling.
Read the full 8-page opinion on CourtListener, the free public archive maintained by the Free Law Project.