DECISION AND ORDERINTRODUCTION On August 10, 2016, Plaintiff Jerard Gerald Walker, an inmate at Five Points Correctional Facility, filed this action pro se asserting claims under 42 U.S.C. §1983 and seeking permission to proceed in forma pauperis. ECF Nos. 1, 2. He alleged that while he was incarcerated at Attica Correctional Facility, Defendants Corrections Officers S. Williams and K. Briggs conspired to assault him, filed a false misbehavior report (“MBR”) against him, and submitted false information to cover up their actions. Walker also alleged that, after the assault, he was placed in the Special Housing Unit at Wende Correctional Facility and Attica for almost one month without obtaining a Tier III Superintendent’s Hearing or other due process protections.On September 18, 2017, the Court granted Walker’s in forma pauperis motion and, upon screening the Complaint pursuant to 28 U.S.C. §§1915(e)(2)(B) and 1915A, the Court (1) dismissed Walker’s claims against Defendants Williams and Briggs alleging that they filed a false MBR and provided false information, except to the extent those claims alleged retaliation and due process violations; (2) dismissed Walker’s claims against Defendants Lempke and Brown; (3) dismissed the claims against all Defendants in their official capacities; (4) directed the Clerk of Court to cause the United States Marshals Service to serve the Summons and Complaint upon Defendants Williams, Briggs, James Conway, and John Doe, once identified; and (5) requested that the New York State Attorney General’s Office identify pursuant to Valentin v. Dinkins, 121 F.3d 72, 75 (2d Cir. 1997), the John Doe Defendant and provide an address where he could be served with the Summons and Complaint. ECF No. 6.On January 16, 2018, the AG’s Office identified the John Doe Defendant as Stewart Eckert. The Clerk of Court amended the Caption accordingly and on January 17, 2018, Summonses were issued for Williams, Briggs, Conway, and Eckert. On March 6, 2018, an Acknowledgment of Service by Mail, pursuant to N.Y. C.P.L.R. §312-a, was returned on Eckert’s behalf. ECF No. 10. Summonses for Williams, Briggs, and Conway were returned unexecuted, and on March 13, 2018, Summonses were reissued for those Defendants. ECF No. 11. On May 2, 2018, the Summons for Williams was returned unexecuted and on May 11, 2018, Conway and Eckert filed an Answer. ECF Nos. 12, 13.On June 29, 2018, attorney Amy Jane Agnew filed a Notice of Appearance on Walker’s behalf. ECF No. 16. On August 21, 2018, Summonses for Briggs and Conway were returned unexecuted. ECF No. 17. Conway already answered and thus service on him was moot.On August 28, 2018, Plaintiff filed a Motion for Discovery and a Valentin Order directing the New York State Department of Corrections and Community Supervision (“DOCCS”) to ascertain Williams and Briggs’s last known addresses. ECF No. 18. On September 7, 2018, Plaintiff filed a Motion to Compel DOCCS — pursuant to Valentin — to produce Williams and Briggs’s full names and last known addresses, and for an order pursuant to Federal Rule of Civil Procedure 4(m) extending Plaintiff’s time to serve the Summons and Complaint on Williams and Briggs. ECF No. 20. Assistant AG Darren Longo filed a Declaration in response to the Motion to Compel, and Plaintiff’s counsel filed a reply wherein she requested “mandatory” attorney’s fees under Rule 37(d)(3). ECF No. 25.For the following reasons, Plaintiff’s motions are granted in part and denied in part.DISCUSSIONI. Motions for Discovery and to Compel Pursuant to ValentinThis case is in a rather unique procedural posture. Ms. Agnew, Plaintiff’s counsel, seeks “discovery” from DOCCS, a non-party, in the form a Valentin Order from the Court directing DOCCS to disclose Williams and Briggs’s full names and last known addresses. There has been no scheduling conference or scheduling order in this case. See Fed. R. Civ. P. 26(d)(1), (f)(1)-(3).1Williams and Briggs are both separated from DOCCS service and, upon separation, DOCCS staff are not required to provide last known addresses. See ECF No. 24 at
