Maldonado v. Gunsett

Background

Edwin Maldonado brought claims under 42 U.S.C. § 1983, a federal law that permits claims for constitutional violations, against Officer John Gunsett and other defendants. The order states that Maldonado was proceeding without a lawyer and without paying filing fees.

The Attorney General informed the court that a defendant identified in Maldonado’s second amended complaint as John Rowe had been incorrectly identified. According to the Attorney General, the person Maldonado intended to sue was Sgt. Ralph Rohl. The Attorney General also provided updated service addresses for Rohl, Mathew Miller, and Danielle Medbury.

Court’s Actions

The court ordered the clerk to terminate Sgt. John Rowe, J-Block 2018, from the action and add Sgt. Ralph Rohl as a defendant. The court also ordered the clerk to prepare process-receipt forms and summonses and deliver the necessary paperwork to the U.S. Marshals Service so the Marshals Service could serve Rohl, Miller, and Medbury at the addresses listed in the appendix.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied permission to proceed without paying fees for an appeal. The order also directed Maldonado to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Result and Scope

Judge Vincent L. Briccetti’s order addressed identifying a defendant, issuing service materials, and appeal-fee status. It did not decide the merits of Maldonado’s constitutional claims.