Kelly v. Carter
- Andrew Carter
- 1:21-cv-08992
- U.S. District Court · Southern District of New York
- 3
In Kelly v. Carter, Judge Carter ordered service steps and identification of a Doe defendant in Kelly’s constitutional-rights case.
Tyrefe Kelly; C. Carter; Captain Horton; Captain Guerra; the unidentified “Captain John Doe”; the New York City Department of Correction; and the New York City Law Department.
What happened
Kelly v. Carter is Tyrefe Kelly’s case alleging that defendants violated his federal constitutional rights. The opinion says Kelly is representing himself and is being held at the Vernon C. Bain Center. The court had already allowed him to proceed without paying the filing fee upfront.
The court asked C. Carter, Captain Horton, and Captain Guerra to waive service of the summons. It also directed the New York City Law Department to identify the defendant listed as “Captain John Doe,” including that person’s badge number and an address where the person could be served.
Judge Andrew L. Carter, Jr. directed the Clerk of Court to notify the relevant city agencies and mail them the order and complaint. After receiving the Doe defendant’s information, Kelly must file an amended complaint within 30 days; the court will then screen it. This order did not decide whether Kelly’s constitutional claims are valid.
The detailed version
- Kelly v. Carter · No. 1:21-cv-08992
- Andrew Carter
- Dec. 6, 2021
Background
Tyrefe Kelly filed this pro se action, meaning he is representing himself, alleging that the defendants violated his federal constitutional rights. The opinion states that Kelly was being held at the Vernon C. Bain Center (VCBC) in Bronx, New York. In an order dated December 2, 2021, the court allowed Kelly to proceed without paying the filing fee upfront. The opinion notes that prisoners must still pay the full filing fee over time under 28 U.S.C. § 1915(b)(1).
Service of the Named Defendants
The court requested that C. Carter, the VCBC warden; Captain Horton, a VCBC Facility Storehouse Captain; and Captain Guerra, a VCBC Housing Unit 3-AA Shift Supervisor, waive service of the summons. The court directed the Clerk of Court to electronically notify the New York City Department of Correction and the New York City Law Department about the order.
Identifying “Captain John Doe”
The complaint identified “Captain John Doe” as a VCBC Facility Shift Supervising Captain who was on duty at VCBC on October 5, 2021. Relying on the rule that a self-represented litigant is entitled to the court’s assistance in identifying a defendant, the court directed the New York City Law Department to determine Captain John Doe’s identity, badge number, and service address. The Law Department must provide that information to Kelly and the court within 60 days of the order.
Within 30 days after receiving the information, Kelly must file an amended complaint naming the identified individual. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue a further order asking the newly identified defendant to waive service.
Disposition
The court directed the Clerk of Court to notify the city agencies, send the order and complaint to the New York City Law Department, and mail Kelly the order and an information package. The opinion is a procedural order concerning fee status, service, and identification of a defendant. It does not decide the merits of Kelly’s constitutional claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.