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S.D.N.Y.Procedural orderFiled Nov. 12, 2020

Livingston v. Doe

Judge
John Cronan
Docket
1:20-cv-02009
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedurePro Se
In one sentence

In Clarence Livingston v. City of New York, Judge Cave extended Livingston’s deadline to identify the John Doe defendants in his lawsuit.

Who this affects

Clarence Livingston, an unrepresented and incarcerated plaintiff, was given additional time to file an amended complaint naming the John Doe defendants.

What happened

Clarence Livingston’s lawsuit named a John Doe detective, the New York County District Attorney, and the Manhattan Criminal Supreme Court as defendants. Earlier, the court dismissed claims against the District Attorney’s Office and the Manhattan Criminal Supreme Court and ordered the New York City Law Department to identify the detective.

After receiving information from defense counsel, the court directed Livingston to file an amended complaint naming the John Doe defendants. Livingston did not meet the November 6, 2020 deadline.

Judge Sarah L. Cave extended the deadline to November 27, 2020, noting that Livingston was unrepresented and incarcerated. The clerk was directed to mail him a copy of the order.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Livingston v. Doe · No. 1:20-cv-02009
Judge
John Cronan
Date
Nov. 12, 2020

Background

Clarence Livingston, who was proceeding without a lawyer and was incarcerated, filed a complaint on March 4, 2020. The complaint named a John Doe detective, the New York County District Attorney, and the Manhattan Criminal Supreme Court as defendants.

In an earlier order, the court dismissed claims against the New York County District Attorney’s Office and the Manhattan Criminal Supreme Court. The court also ordered the New York City Law Department to identify the John Doe detective. After several extensions, the Law Department responded to that order.

On September 28, 2020, the court directed Livingston to file an amended complaint by November 6, 2020, naming the John Doe defendants based on information provided by defense counsel. Livingston had not filed the amended complaint by that deadline.

Ruling

In Clarence Livingston v. City of New York et al., Judge Sarah L. Cave extended Livingston’s deadline to file the amended complaint until November 27, 2020. The order also directed the clerk to mail a copy of the order to Livingston.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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