Barnes v. Correct Care Solutions
- Vincent Briccetti
- 7:18-cv-12288
- U.S. District Court · Southern District of New York
- 2
In Barnes v. Correct Care Solutions, Judge Briccetti extended Barnes’s deadline to identify Jane Doe and warned of dismissal if he did not comply.
Ronald Barnes and the unidentified Jane Doe defendant; the order also directed the clerk to take administrative steps concerning the motion and mailing of the order.
What happened
In Barnes v. Correct Care Solutions, Ronald Barnes, who was representing himself and had received a waiver of filing fees, did not submit the requested description of the unidentified Jane Doe defendant by the original deadline.
The court extended Barnes’s deadline to December 2, 2019, to provide a more detailed description that would allow Jane Doe to be identified and served. The court warned that failing to meet the new deadline could lead to dismissal of the case against Jane Doe for failure to prosecute or follow court orders.
Judge Vincent L. Briccetti also ruled that an appeal from the order would not qualify for a filing-fee waiver because it would not be taken in good faith. The clerk was directed to terminate the listed motion and mail the order to Barnes.
The detailed version
- Barnes v. Correct Care Solutions · No. 7:18-cv-12288
- Vincent Briccetti
- Nov. 18, 2019
Background
Ronald Barnes sued Correct Care Solutions, Orange County Jail Medical Department, Dr. Philman, and other staff. The opinion states that Barnes was proceeding without a lawyer and with a court-approved waiver of filing fees. The Orange County Jail Medical Department had attempted to identify the Jane Doe defendant described in Barnes’s complaint.
In an order dated September 13, 2019, the court directed Barnes to submit, by October 4, 2019, a letter giving a more detailed description of Jane Doe so that this defendant could be identified and served. Barnes did not submit the letter by that deadline.
Ruling
The court extended Barnes’s deadline to December 2, 2019, to submit the requested letter. The court warned that if Barnes failed to meet the new deadline, it would dismiss the case as to Jane Doe without prejudice for failure to prosecute or failure to comply with court orders under Federal Rule of Civil Procedure 41(b). The opinion does not state that the court dismissed the claims against Jane Doe in this order.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied Barnes a filing-fee waiver for purposes of an appeal. The clerk was directed to terminate motion docket entry 152 and mail a copy of the order to Barnes.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.