Hibbert v. The State of New York

Background

The New York City Law Department filed a letter identifying two individuals whom Plaintiff might seek to add to an amended complaint as responsible for the Department of Corrections’ COVID policies. The Law Department represented that it had also sent the letter to Plaintiff. The letter further stated that, if one individual were named, the Law Department would request authority to accept service on that person’s behalf and waive service; it provided a service address for the other individual.

The order states that Plaintiff’s original complaint was then solely against the City of New York.

What the Court Ordered

The court gave Plaintiff 30 days from the date of the order to file an amended complaint adding the individuals identified in the Law Department’s letter. If Plaintiff did not file an amended complaint by that deadline, the original complaint would be treated as the active complaint in the case.

The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied fee-waiver status for purposes of an appeal. The clerk was directed to mail Plaintiff a copy of the order.

Effect of the Order

This order addressed amendment of the pleadings and appeal-related fee-waiver status. It did not decide the merits of Plaintiff’s underlying claims. Judge Gregory H. Woods signed the order.