Davies et al v. Town of Hempstead et al

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Mark Davies, Samantha Davies, Adrienne Davies, and
David Davies,
Plaintiffs,
-v-
Town of Hempstead, et al.,
Defendants.
26-cv-5134
(NJC)(JMW)
ORDER
NUSRAT J. CHOUDHURY, United States District Judge:
Before the Court are the renewed motions to proceed in forma pauperis (“IFP”) filed on
December 15, 2025 by pro se plaintiffs Mark Davies, Samantha Davies, Adrienne Davies, and
David Davies (collectively, “Plaintiffs”) in relation to the Complaint, which was filed in this
Court on September 15, 2025.1 (Compl., ECF No. 3; Renewed IFP Mots., ECF Nos. 11-14.)
Upon review of these filings, the Court grants the renewed IFP motions and, upon screening the
Complaint in accordance with the requirements of 28 U.S.C. § 1915(e), the Court orders service
of the summonses and the signed Complaint by the United States Marshal Service (“USMS”)
pursuant to 28 U.S.C. § 1915(d)(“The officers of the court shall issue and serve all process . . . in
[IFP] cases.”).
The Clerk of the Court shall issue a summons to each Defendant and shall forward the
summonses and copies of the signed Complaint and this Order to the USMS for service upon the
1 The original complaint filed on September 12, 2025 was signed by only Mark Davies. (ECF
No. 1.) On September 15, 2025, Plaintiffs filed the Complaint signed by each Plaintiff. (ECF No.
3.) The signed Complaint is the operative pleading.
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Defendants forthwith. The USMS shall file returns of service within two weeks of the
completion of service. However, the USMS will not be able to serve the unidentified defendants
without more information.
Pursuant to Valentin v. Dinkins, 121 F.3d 72, 75–76 (2d Cir. 1997) (per curiam), the
Nassau County Attorney, the Hempstead Town Attorney, and the General Counsel for National
Grid are requested to assist with identifying the unnamed defendants who are alleged to be
employed by the Nassau County Police Department, the Town of Hempstead, and/or National
Grid and who are alleged to be responsible for the events alleged to have occurred on or about
September 19, 2022 or arising therefrom as described in the Complaint. Accordingly, the Clerk
of the Court shall serve a copy of the Complaint together with this order on the Nassau County
Attorney, the Hempstead Town Attorney, and General Counsel for National Grid and they are
requested to attempt to ascertain the full names of the unidentified defendants and to provide
their names and the address(es) where such defendants can be served to the Court and to
Plaintiffs within thirty (30) days of the date that this Order is served upon them.
The Nassau County Attorney, the Hempstead Town Attorney, and the General Counsel
for National Grid need not undertake to defend or indemnify these individuals at this juncture.
This Order merely provides a means by which Plaintiffs may name and properly serve the
defendants as instructed by the Second Circuit in Valentin.2 Once the information is provided to
the Court, Plaintiffs’ Complaint shall be deemed amended to reflect the full names of the
unnamed defendants, a summons shall be issued to each defendant, and the USMS shall effect
2 Valentin’s guidance that “a pro se litigant is entitled to assistance from the district court in
identifying a defendant” has been extended to private entities. See, e.g., Doe #1 v. 2001 Arthur
LLC, No. 24-cv-9542, 2025 WL 831594, at *1 (S.D.N.Y. Feb. 11, 2025) (citing Valentin, 121
F.3d at 76); Peterec v. TGI Fridays, Inc., No. 7:23-cv-8028, 2023 WL 6960347, at *2 (S.D.N.Y.
Oct. 19, 2023) (same).
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service.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order
would not be taken in good faith and therefore IFP status is denied for the purpose of any appeal.
See Coppedge v. United States, 369 U.S. 438, 444–45 (1962).
The Clerk of Court shall mail a copy of this Order to Plaintiffs at their address of record
and shall note such mailing on the docket.
Dated: Central Islip, New York
February 9, 2026
/s/ Nusrat J. Choudhury
NUSRAT J. CHOUDHURY
United States District Judge
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