Lee v. Korobkova
- Vincent Briccetti
- 7:20-cv-10311
- U.S. District Court · Southern District of New York
- 3
In Lee v. Korobkova, Judge Briccetti replaced John Doe with Alex Trolenberg, ordered service, and denied permission to appeal without paying fees.
Joseph Lee, the newly identified defendant Alex Trolenberg, M.D., the court clerk, and the U.S. Marshals Service. The order also affects Lee's ability to appeal without paying fees.
What happened
Lee v. Korobkova is a civil-rights case brought by Joseph Lee, who is representing himself and says his constitutional rights were violated. The case originally included an unidentified emergency-room doctor called John Doe.
After the New York State Attorney General identified that doctor as Alex Trolenberg, M.D., the court ordered the clerk to replace John Doe with Dr. Trolenberg. The court also said Lee did not need to file an amended complaint and directed the U.S. Marshals Service to serve Dr. Trolenberg.
Judge Briccetti also certified that an appeal would not be taken in good faith and denied Lee permission to proceed without paying fees for an appeal. The case otherwise continues with Dr. Trolenberg identified as a defendant.
The detailed version
- Lee v. Korobkova · No. 7:20-cv-10311
- Vincent Briccetti
- Feb. 22, 2021
Background
Joseph Lee, proceeding without a lawyer and without paying filing fees, brought claims under 42 U.S.C. § 1983 alleging violations of his constitutional rights. The court's earlier service order directed the New York State Attorney General's Office to identify the emergency-room doctor who treated Lee on April 29, 2019, at Albany Medical Center. The doctor had been listed in the case as “John Doe.”
The earlier order required Lee to file an amended complaint naming the doctor after receiving the identifying information. On February 22, 2021, the New York State Attorney General's Office provided the doctor's name and address.
Order
The court directed the clerk to replace “John Doe” on the docket with “Alex Trolenberg, M.D.” Because the doctor had been identified, the court ordered that Lee should not file an amended complaint.
The court also directed the clerk to complete a U.S. Marshals Service Process Receipt and Return form for Dr. Trolenberg, issue a summons listing him, and deliver the necessary papers to the Marshals Service so it could serve him. The order states that Lee is responsible for ensuring service within 90 days after the summons is issued and, if needed, requesting an extension. It also requires Lee to notify the court in writing if his address changes and states that the action may be dismissed if he fails to do so.
Disposition
The court ordered the clerk to terminate “John Doe” as a defendant and add Alex Trolenberg, M.D. The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order was signed by Judge Vincent L. Briccetti.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.