Dubose v. Jiminez

UNITED STATES DISTRICT COURT lfuscaxny SOUTHERN DISTRICT OF NEW YORK DOCUMENY ~ ~ ~ : ELECTRONICALLY BILED |!

TYREK DUBOSE, - Bune ROME -against- C.O, JIMINEZ; C.0. HARKINS; C.O. TRACEY; JOHN DOE 1; DEL BIANCO; C.O. ORTIZ; C.O.

SERRINGERER; C.O. PRINCE; C.O, ALBERT; C,O. LOPEZ; SGT. NIENSTEDT; SGT.

FIGUERORA; C.O. WALDEN; NURSE PITT; C,O. DREXLER; C.0. BIANCHI, C.O. LOPEZ; 22-CV-2124 (VB) JOHN DOE 2; C.O. KITSON; SGT. SANTOS; C.O, DOWNER; C.0, BUCKHAM; SGT. ORDER OF SERVICE CAMPBELL; NURSE ADMINISTRATOR OSSELMAN; NURSE ADMINISTRATOR FURCO; COMMISSIONER’S HEARING OFFICER MAYES; C.O. MORALES; □ SUPERINTENDENT BURNETT; ANTHONY RODRIGUES; DONALD VENETTOZZI; DEPUTY SUPERINTENDENT WOOD; ORC LOSI; SGT. CARBONE; C.O. LAVALLE; C.O. .

PIGUET; C.O. NELSON, Defendants.

VINCENT L. BRICCETTI, United States District Judge: □ Plaintiff, currently incarcerated at Fishkill Correctional Facility, brings this pro se action under 42 U.S.C. § 1983, alleging that Defendants violated his rights. By order dated March 30, 2022, the Court granted Plaintiff’s request to proceed without prepayment of fees, that is, in forma pauperis.' .

1 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed in forma pauperis. See 28 U.S.C. § 1915(b)(1).

DISCUSSION © A, Service on Named Defendants Because Plaintiff has been granted permission to proceed IFP, Plaintiff is entitled to rely on the Court and the U.S. Marshals Service to effect service. Walker v. Schult, 717 F.3d, 119, 123 n.6 (2d Cir, 2013); see also 28 U.S.C, § 1915(d) (“The officers of the court shall issue and serve all process... in [IFP] cases.”); Fed. R. Civ, P. 4(c)(3) (the court must order the Marshals Service to serve if the plaintiff is authorized to proceed IFP)).

Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons and complaint be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have served summonses and the complaint until the Court reviewed the complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued, If the complaint is not served within that time, Plaintiff should request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir, 2012) (holding that it is the plaintiff’s responsibility to request an extension of time for service); see also Murray v, Pataki, 378 F. App’x 50, 52 (2d Cir. 2010) (“As long as the [plaintiff proceeding IFP] provides the information necessary to identify the □ defendant, the Marshals’ failure to effect service automatically constitutes ‘good cause’ for an extension of time within the meaning of Rule 4(m).”).

To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to fill out a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for the following defendants: Correction Officers J iminez, Harkins; Tracey, Del Bianco, Ortiz, Serringer, Prince, Albert, Lopez, Walden, Drexler, Bianchi, Kitson, Downer, Buckham, Morales, Lavalle, Piguet, and Nelson; Sergeants Figuerora; Santos; Campbell, Carbone, and Nienstedt; Nurse Pitt, and Nurse Administrators Osselman and Furco; Commissioner’s Hearing Officer Mayes; Superintendent Burnett; Acting Director of Special Housing Units Anthony Rodrigues; Donald Venettozzi; Deputy Superintendent Wood; and Offender Rehabilitation Coordinator Losi.2 The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service upon these defendants.

Plaintiff must notify the Court in writing if his address changes, and the Court may dismiss the action if Plaintiff fails to do so.

B. Local Civil Rule 33.2 Local Civil Rule 33.2, which requires defendants in certain types of prisoner cases to respond to specific, court-ordered discovery requests, applies to this action. Those discovery requests are available on the Court’s website under “Forms” and are titled “Plaintiff’s Local Civil Rule 33.2 Interrogatories and Requests for Production of Documents,” Within 120 days of service of the complaint, Defendants must serve responses to these standard discovery requests.

In their responses, Defendants must quote each request verbatim. : CONCLUSION The Clerk of Court is further instructed to complete the USM-285 forms and deliver to the U.S. Marshals Service all documents necessary to effect service on the following Defendants: Correction Officers Jiminez, Harkins; Tracey, Del Bianco, Ortiz, Serringer, Prince, Albert, Lopez, Walden, Drexler, Bianchi, Kitson, Downer, Buckham, Lavalle, Piguet, Morales, and Plaintiff has not supplied sufficient information for the New York State Department of Corrections and Community Supervision to identify the John Doe defendants and the Court therefore does not at this stage ask the New York State Attorney General to attempt to identify these defendants.

3 If Plaintiff would like copies of these discovery requests before receiving the responses and does not have access to the website, Plaintiff may request them from the Pro Se Intake Unit.

Nelson; Sergeants Figuerora; Santos; Campbell, Carbone, and Nienstedt; Offender Rehabilitation Coordinator Losi; Nurse Pitt, and Nurse Administrators Osselman and Furco; Commissioner’s Hearing Officer Mayes; Fishkill Superintendent Burnett and Deputy Superintendent Wood; Donald Venettozzi; and Anthony Rodrigues.

Local Civil Rule 33.2 applies to this action. .

The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf, Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue).

SO ORDERED.

Dated: April 4, 2022 Ls I White Plains, New York ———VINCENTL. BRICCETTI.

United States District Judge DEFENDANTS AND SERVICE ADDRESSES 1, Correction Officer Jiminez Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 2. Correction Officer Harkins Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 3. Correction Officer Tracey Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 4, Correction Officer Del Bianco Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 5. Correction Officer Morales Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 6. Correction Officer Ortiz Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 7, Correction Officer Serringer Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 8. Correction Officer Prince Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 9, Correction Officer Albert Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 10, Correction Officer Lopez Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 11, Correction Officer Walden Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 12. Correction Officer Drexler Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 13, Correction Officer Bianchi Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 14, Correction Officer Kitson Fishkill Correctional Facility _ 18 Strack Drive Beacon, NY 12508-0307 .

15. Correction Officer Downer Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 16. Correction Officer Buckham Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 17, Correction Officer Lavalle Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 18, Correction Officer Piguet Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 19. Correction Officer Nelson Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 20, Sergeant Nienstedt Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 21. Sergeant Figueroa Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 22. Sergeant Santos Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 23, Sergeant Campbell Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 24, Sergeant Carbone Fishkill Correctional Facility.

18 Strack Drive Beacon, NY 12508-0307 .

25. Nurse Pitt Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 .

26, Nurse Administrator Osselman Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 27. Nurse Administrator Furco Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 28, Commissioner’s Hearing Officer Mayes Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 29. Superintendent Edward Burnett Fishkill Correctional Facility Strack Drive - Beacon, NY 12508-0307 30. Anthony Rodrigues Acting Director of Special Housing Units The Harriman State Campus, Building 2 1220 Washington Avenue Albany, NY 12226-2050 ° 31. Donald Venettozzi, Director DOCCS Special Housing and Inmate Disciplinary Programs The Harriman State Campus, Building 2 1220 Washington Avenue Albany, NY 12226-2050 32. Deputy Superintendent Wood Fishkill Correctional Facility Strack Drive Beacon, NY 12508-0307 .

33. Offender Rehabilitation Counselor Losi Fishkill Correctional Facility Strack Drive , Beacon, NY 12508-0307