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S.D.N.Y.Procedural orderFiled Jan. 15, 2021

Genao v. City of New York

Judge
Edgardo Ramos
Docket
1:20-cv-08731
Court
U.S. District Court · Southern District of New York
Pages
2
Civil RightsSection 1983Civil ProcedurePro Se
In one sentence

In Genao v. City of New York, Judge Ramos directed pro se plaintiff Gabino Genao to file a second amended complaint naming two identified officers.

Who this affects

Gabino Genao, the City of New York, and the correction officers involved in identifying and naming the two previously unidentified defendants, Jamell Moore and Justin Andrews.

What happened

Genao v. City of New York concerns Gabino Genao’s civil-rights lawsuit against the City of New York and correction officers. Genao filed the case without a lawyer and identified two officers only as John Does.

The court had directed the City to identify those officers. The City identified them as Jamell Moore and Justin Andrews, but Genao told the court he had not received that information and filed an amended complaint.

Judge Ramos ordered Genao to file a second amended complaint adding Moore and Andrews as named defendants by February 15, 2021. The order did not decide whether Genao’s constitutional-rights claims were valid.

The detailed version

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

Case
Genao v. City of New York · No. 1:20-cv-08731
Judge
Edgardo Ramos
Date
Jan. 15, 2021

Background

Gabino Genao brought this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims for violations of constitutional rights by people acting under state law. He sued the City of New York and several correction officers, including two defendants initially identified only as John Doe.

On October 22, 2020, the court directed the City to identify the John Doe defendants within 60 days. The court also directed Genao to amend his complaint to name those defendants within 30 days after receiving their identities. On December 21, 2020, the City identified the officers as Jamell Moore and Justin Andrews. On January 13, 2021, Genao informed the court that he had not received the City’s letter and filed an amended complaint.

Ruling

The court directed Genao to file a second amended complaint adding Moore and Andrews as named defendants by February 15, 2021. The court stated that it would send Genao a copy of the order and the City’s response to the earlier identification directive at his current address. The order addressed the identification and naming of defendants; it did not decide the merits of Genao’s constitutional-rights claims.

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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