Terrell Jenkins v. Anthony Annucci, et al.

District Court, S.D. New York

Terrell Jenkins v. Anthony Annucci, et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK TERRELL JENKINS, Plaintiff, 25-CV-7478 (JGLC) -against- ORDER OF SERVICE ANTHONY ANNUCCI, et al., Defendants. JESSICA G. L. CLARKE, United States District Judge: Plaintiff, who currently is incarcerated at Eastern Correctional Facility, brings this action pro se. He asserts claims under

42 U.S.C. § 1983

for deliberate indifference and excessive force in violation of the Eighth Amendment, which arose on October 13, 2022, at Sing Sing Correctional Facility. By order dated September 12, 2025, the Court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.1 0F 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

, 1F 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). 2 Although 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 Anthony Annucci, Michael Capra, Sergeant Alvarado, and Correction Officers R. Franklin and J. Reyes 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. Doe Defendants Under Valentin v. Dinkins, a pro se litigant is entitled to assistance from the district court in identifying a defendant.

121 F.3d 72, 76

(2d Cir. 1997). In the complaint, Plaintiff supplies sufficient information to permit the New York State Department of Corrections and Community Supervision (DOCCS) to identify the Deputy Superintendent for Security and Deputy Superintendent for Administration at Sing Sing Correctional Facility as of the date of these events, October 13, 2022. It is therefore ordered that the New York State Attorney General, which is the attorney for and agent of the DOCCS, must ascertain the identity of each John Doe whom Plaintiff seeks to sue here and the address where the defendant may be served. The New York State Attorney General must provide this information to Plaintiff and the Court within sixty days of the date of this order. Within thirty days of receiving this information, Plaintiff must file an amended complaint naming the John Doe defendants. The amended complaint will replace, not supplement, the

original complaint. An amended complaint form for Plaintiff to complete after receiving this information is attached to this order. Once Plaintiff has filed an amended complaint, the Court will screen the amended complaint and, if necessary, issue an order directing the Clerk of Court to complete the USM-285 forms with the addresses for the named John Doe Defendants and deliver to the U.S. Marshals Service all documents necessary to effect service. C. 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 2F CONCLUSION The Clerk of Court is directed to issue summonses for Defendants Anthony Annucci, Michael Capra, Sergeant Alvarado, and Correction Officers R. Franklin and J. Reyes, complete USM-285 forms with the addresses for Defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service.

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. The Clerk of Court is directed: (1) to mail a copy of this order and the complaint to the New York State Attorney General at: Managing Attorney’s Office, 28 Liberty Street, 16th Floor, New York, NY 10005; and (2) mail Plaintiff an information package and an Amended Prisoner Civil Rights Complaint form. Local Civil Rule 33.2 applies to this action. Dated: September 16, 2025 New York, New York

SO ORDERED. C eanca (barke JESSICA G. L. CLARKE United States District Judge

SERVICE ADDRESS FOR EACH DEFENDANT

Anthony Annucci DOCCS Bldg 2., State Campus Albany, New York 12226-2050 Michael Capra, Superintendent Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 Sergeant Alvarado Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 Correction Officer R. Franklin Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 Correction Officer J. Reyes Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562

Reference

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