Akinlawon v. Polanco

Background

Ayotunji Akinlawon filed this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state officials. He sought damages, declaratory relief, and injunctive relief. The complaint names 23 defendants: 22 Green Haven Correctional Facility staff members, including one unidentified “John Doe/Jane Doe” defendant, and Anthony J. Annucci, the Acting Commissioner of the New York State Department of Corrections and Community Supervision. Akinlawon proceeded without a lawyer and had already received permission to proceed without prepaying the filing fee.

Akinlawon also filed motions for a temporary restraining order, a preliminary injunction, and appointment of counsel. The opinion addresses the request for counsel and the steps needed to serve the defendants and identify the unnamed defendant. It does not decide the underlying civil-rights claims.

Appointment of Counsel

The court denied the motion for appointment of counsel without prejudice. It explained that the relevant considerations include the apparent merits of the case, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without assistance. Because the case was at an early stage, the court said it was too soon to assess the merits. The court stated that Akinlawon may file a later application asking the court to request that a lawyer volunteer to represent him.

Service and Discovery

Because Akinlawon was allowed to proceed without prepaying the filing fee, the court directed the Clerk of Court to issue summonses and complete the service forms for the identified defendants. The court directed the U.S. Marshals Service to serve those defendants. It extended the service deadline to 90 days after summonses are issued. The identified defendants must comply with Local Civil Rule 33.2 by serving responses to the standard prisoner-case interrogatories and document requests within 120 days after service of the complaint.

Akinlawon must notify the court in writing of any address change. The court warned that the action may be dismissed if he fails to do so.

Identification of the Unnamed Defendant

The court found that the complaint provided enough information for the New York State Department of Corrections and Community Supervision to identify the unnamed defendant. The court ordered the New York Attorney General to provide the defendant’s identity, badge number if applicable, and service address to Akinlawon and the court within 60 days.

Within 30 days after receiving that information, Akinlawon must file an amended complaint naming the defendant. The amended complaint will replace, rather than supplement, the original complaint. The court will then screen the amended complaint and, if necessary, direct service on the newly identified defendant.

Disposition

The court denied Akinlawon’s motion for appointment of counsel without prejudice. It directed service on the identified defendants, required those defendants to comply with Local Civil Rule 33.2, and ordered steps to identify and later serve the unnamed defendant. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.