Andrew Gayot v. Correctional Officer Curet; Green Haven Correctional Facility...

District Court, S.D. New York

Andrew Gayot v. Correctional Officer Curet; Green Haven Correctional Facility...

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANDREW GAYOT, Plaintiff, -against- 25-CV-7334 (PMH) CORRECTIONAL OFFICER CURET; GREEN ORDER OF SERVICE HAVEN CORRECTIONAL FACILITY SUPERINTENDENT, Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff, who currently is incarcerated at Auburn Correctional Facility, brings this action pro se. He asserts claims, under

42 U.S.C. § 1983

, for excessive force in violation of the Eighth Amendment, which arose in March 2024, at Green Haven Correctional Facility. (Doc. 1). By order dated September 8, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.1 (Doc. 5). DISCUSSION A. Service on Named Defendants Because Plaintiff has been granted permission to proceed IFP, he is entitled to assistance from the Court and the U.S. Marshals Service to effect service.2 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

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). 2Although Rule 4(m) of the Federal Rules of Civil Procedure generally requires that a summons be served within 90 days of the date the complaint is filed, Plaintiff is proceeding IFP and could not have effected service until the Court reviewed the complaint and ordered that any summonses be issued. The Court therefore extends the time to serve until 90 days after the date any summonses issue. 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). To allow Plaintiff to effect service on Defendants Correction Officer C.D. Curet, and Green Haven Correctional Facility Superintendent Mark Miller 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 each Defendant. The Clerk of Court is further instructed to issue summonses and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Defendants. If the complaint is not served within 90 days after the date summonses are issued, 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). 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. Standard Discovery 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.3

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. CONCLUSION The Clerk of Court is directed to mail an information package to Plaintiff. The Clerk of Court is further instructed to issue summonses for Defendants Correction Officer C.D. Curet and Green Haven Correctional Facility Superintendent Mark Miller, complete USM-285 forms with the addresses for Defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. Local Civil Rule 33.2 applies to this action. SO ORDERED. Dated: September 10, 2025 Ceuy/ White Plains, New York PHILIPM. HALPERN United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Correction Officer C.D. Curet Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 Superintendent Mark Miller Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010

Reference

Full Case Name
Andrew Gayot v. Correctional Officer Curet; Green Haven Correctional Facility Superintendent
Status
Unknown