Cobb v. City of Peekskill
- Nelson Roman
- 7:20-cv-00991
- U.S. District Court · Southern District of New York
- 2
In Cobb v. City of Peekskill, Judge Roman identified John Doe as Fabian Gonzalez and extended deadlines in this service order.
James Andrew Cobb, Jr., the City of Peekskill, and Fabian Gonzalez, the officer previously identified as “Arresting Police Officer John Doe.”
What happened
Cobb v. City of Peekskill concerns James Andrew Cobb, Jr.’s claim that he experienced excessive force during an arrest. Cobb, who is incarcerated, filed the case without a lawyer against the City of Peekskill and an unnamed arresting officer.
The court identified the unnamed officer as Fabian Gonzalez, directed the clerk to replace “John Doe” with Gonzalez, and arranged for the U.S. Marshals Service to serve him. The court also extended the City’s deadline to respond to the complaint until June 30, 2020, and applied that deadline to Gonzalez if needed.
Judge Nelson S. Roman ordered defense counsel to mail the order to Cobb within three days and file proof of mailing. The order addressed identifying and serving a defendant and response deadlines; it did not decide whether Cobb’s excessive-force claim succeeds.
The detailed version
- Cobb v. City of Peekskill · No. 7:20-cv-00991
- Nelson Roman
- Apr. 27, 2020
Background
James Andrew Cobb, Jr., who was incarcerated at Franklin Correctional Facility, brought this action under 42 U.S.C. § 1983, a federal civil-rights law. He alleged that he was subjected to excessive force during an arrest. The defendants were the City of Peekskill and an unnamed arresting officer identified in the complaint as “John Doe.” The court had previously granted Cobb permission to proceed without paying filing fees.
Identification and service
The court received correspondence from counsel for the City of Peekskill stating that the unnamed officer had been identified as Fabian Gonzalez, badge number 32. The court directed the clerk to terminate “Arresting Police Officer John Doe” as a defendant and add Fabian Gonzalez to the case caption and docket.
The court also directed the clerk to prepare the U.S. Marshals Service form needed to serve Gonzalez, using the service address provided in the order: City of Peekskill Police Department, 2 Nelson Avenue, Peekskill, New York 10566. The clerk was further directed to issue a summons and provide the Marshals Service with the paperwork needed to complete service.
Deadlines and other directions
The court stated that Cobb was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension if necessary. It also directed Cobb to notify the court in writing of any address change and stated that the action could be dismissed if he failed to do so.
The City of Peekskill requested more time to respond to the complaint. Judge Nelson S. Roman granted that request and extended the City’s response deadline until June 30, 2020. If Gonzalez was served and his ordinary response deadline expired before that date, his response deadline was likewise extended until June 30, 2020.
Defense counsel was ordered to mail a copy of the order to Cobb within three days and file proof of service on the docket. If COVID-19-related disruptions prevented the mailing, counsel was directed to promptly notify the court by letter filed on the electronic docket.
Disposition
This supplemental order of service identified the previously unnamed defendant, directed the steps needed to serve him, and granted the City’s request for an extension of time to respond. It did not rule on the merits of Cobb’s excessive-force allegation.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.