Aaron Anthony Vasquez v. Michael Franchi, Warden; Jane Doe 1, Correctional Officer; Jane Doe 2, Correctional Officer; Michelle, Nun (Sister of Catholic Service)

Summary

The United States District Court for the Eastern District of New York grants Aaron Anthony Vasquez leave to proceed in forma pauperis in his pro se civil rights action concerning his detention at Riverhead Correctional Facility. The court directs issuance and service of process on the named warden and invokes Valentin v. Dinkins to obtain identifying and service information for the Doe correctional officers and an individual identified as “Michelle.”

Holdings

1. The court granted plaintiff's application to proceed in forma pauperis.
2. When a pro se plaintiff identifies defendants by incomplete names and lacks their service information, the court may request that an appropriate government official ascertain the defendants' identities and service addresses, after which the complaint may be treated as amended and service may proceed.

Questions Presented

1. Whether plaintiff should be permitted to proceed in forma pauperis under 28 U.S.C. § 1915.
2. What procedures should be used to identify and serve defendants whose names and service information plaintiff does not know.

Disposition

other