Obiagwu v. Bellevue Hospital, et al.

Summary

This is an Order of Service issued by the United States District Court for the Southern District of New York in Emmanuel Obiagwu v. Bellevue Hospital, et al., No. 25-CV-9470 (ALC). The Court directs substitution of New York City Health + Hospitals for Bellevue Hospital, addresses identification and service of Doe defendants, and directs service-related actions involving NYU Langone, H+H, NYPD officers, and the City of New York. The order is dated November 24, 2025.

Holdings

1. A pro se litigant is entitled to assistance from the district court in identifying defendants when the complaint supplies sufficient information to permit the relevant entity to identify them.
2. Bellevue Hospital, as a facility belonging to the New York City Health and Hospitals Corporation, lacks capacity to be sued in its independent capacity; the court may substitute H+H as the defendant.
3. When a plaintiff is authorized to proceed in forma pauperis, the court must direct the U.S. Marshals Service to effect service and the Clerk must prepare the necessary summonses and service forms.
4. For an in forma pauperis plaintiff who could not effect service before the court ordered summonses to issue, the service period is extended until 90 days after the summonses issue.

Questions Presented

1. Whether the court should assist a pro se plaintiff in identifying Doe defendants when the complaint provides sufficient identifying information.
2. Whether Bellevue Hospital has capacity to be sued separately from the New York City Health and Hospitals Corporation.
3. Whether an in forma pauperis plaintiff is entitled to service assistance from the Clerk of Court and the U.S. Marshals Service.
4. Whether the time for service should be extended until 90 days after summonses issue.

Disposition

other