King v. White

Background

Sharif King, who was incarcerated at Great Meadow Correctional Facility, filed a complaint under 42 U.S.C. § 1983 and was proceeding without a lawyer and without paying the filing fee. The complaint concerned events beginning on November 12, 2019, when King was transported from Downstate Correctional Facility to the Manhattan Detention Complex.

Judge Alison J. Nathan had previously directed the New York City Law Department to identify four defendants initially listed as John Does. John Does #1, #2, and #3 had already been identified. The Law Department identified John Doe #4 as ADW Glover, Shield No. 1310.

Court’s Actions

Under Rule 21 of the Federal Rules of Civil Procedure, the court directed the Clerk of Court to substitute ADW Glover for John Doe #4 and amend the case caption.

The court directed the Clerk to notify the New York City Department of Correction and the New York City Law Department. It requested that ADW Glover waive service of summons, meaning formally delivered notice of the lawsuit. The court ordered Glover to file an answer, if any, by February 8, 2021.

The court also determined that Local Civil Rule 33.2 applied. That rule requires defendants in certain prisoner-rights cases to respond to specified court-ordered discovery requests. Any new defendants were required to serve responses to those requests within 120 days of the order and to quote each request verbatim in the responses.

Disposition and Classification

Judge Sarah Netburn ordered the substitution of ADW Glover for John Doe #4, directed notice and requested a waiver of service, ordered an answer by February 8, 2021, and required the applicable discovery responses. The order did not rule on the merits of King’s § 1983 claims. This is a procedural order.