Fernandez v. Doe
- Vincent Briccetti
- 7:20-cv-10287
- U.S. District Court · Southern District of New York
- 4
In Fernandez v. Doe, Judge Briccetti replaced a Doe defendant with Maria Badami and ordered United States Marshals Service to serve her; the claims were not decided.
Jesus Fernandez, Maria Badami, the Clerk of Court, and the United States Marshals Service. The order affects how Fernandez’s claims will be served but does not decide those claims.
What happened
In Fernandez v. Doe, Jesus Fernandez, who was representing himself, brought constitutional-rights claims under federal law against John or Jane Doe, M.D., and the Superintendent of Downstate Correctional Facility. The court had directed the New York Attorney General’s Office to identify the medical defendant.
The Attorney General’s Office reported that Maria Badami, a physician’s assistant, was the most likely identity of the Doe defendant. The court replaced the Doe name with Maria Badami, said Fernandez should not file another amended complaint, and directed the Clerk and the United States Marshals Service to arrange service of the lawsuit.
Judge Vincent L. Briccetti also told Fernandez that service must be completed within 90 days after the summons is issued and that he must report any address change. The court denied fee-free status for an appeal, and this order did not decide the underlying claims.
The detailed version
- Fernandez v. Doe · No. 7:20-cv-10287
- Vincent Briccetti
- Apr. 6, 2021
Background
Jesus Fernandez, proceeding without a lawyer and without paying the filing fee, brought claims under 42 U.S.C. § 1983 for alleged violations of his constitutional rights. His amended complaint named John or Jane Doe, M.D., and the Superintendent of Downstate Correctional Facility as defendants.
In an earlier service order, the court directed the New York Attorney General’s Office to determine the identity and address of the medical provider allegedly responsible for Fernandez’s medical screening and physical examination when he entered Downstate Correctional Facility in January or February 2018. The court had originally required Fernandez to file a second amended complaint after receiving that information.
Identification and Service
The Attorney General’s Office reported that the most likely identity of the Doe defendant was Maria Badami, a physician’s assistant. The court therefore directed the Clerk to replace “M.D. John or Jane Doe” on the docket with “Maria Badami, Physician’s Assistant.” The court also ordered that Fernandez not file a second amended complaint.
To allow service through the United States Marshals Service, the court directed the Clerk to complete a process receipt and return form, issue a summons listing Badami, and provide the Marshals Service with the necessary paperwork and the appended service address. The court stated that Fernandez was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension if necessary. It also required him to notify the court in writing of any address change and stated that the case could be dismissed if he failed to do so.
Disposition
Judge Vincent L. Briccetti ordered the Clerk to terminate John or Jane Doe as a defendant and add Maria Badami, Physician’s Assistant. The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order addressed identification and service; it did not resolve the merits of Fernandez’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.