UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAIO BARZEE, Plaintiff, ORDER OF SERVICE -against- 23-CV-2328 (PMH) SING SING C.O. A.M. ABDULLA, et al., Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff, who is currently incarcerated at Lakeview Shock Incarceration Correctional Facility, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his rights while he was confined at Sing Sing Correctional Facility (“Sing Sing”). Plaintiff asserts multiple claims under the First, Eighth, and Fourteenth Amendments, including use of excessive force, failure to protect, denial of adequate medical care, deprivation of due process, retaliation, interference with his legal mail, and inadequate training. By order dated April 27, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 DISCUSSION A. Service on Named Defendants Plaintiff submits an application for the Court to direct service by the U.S. Marshals Service. (Doc. 3). Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 Walker v. Schult, 717 F.3d. 119, 123 n.6
1 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. 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 served summonses and the complaint until the Court reviewed the complaint and ordered that (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)). The Court therefore grants his request for service by the U.S. Marshals Service.
To allow Plaintiff to effect service on the following defendants, (1) Correctional Officer A.M. Abdulla; (2) Correctional Officer E. Torres; (3) Correctional Officer V. Santiago; (4) IGP Supervisor Quadrena T. Quick; (5) Sergeant Velez; (6) Sergeant Acevedo; (7) Superintendent Michael Capra; (8) Acting Commissioner Anthony Annucci; (9) Correctional Officer J.P. Franco; (10) Correctional Officer G. Brown-Richbourgh; (11) Correctional Officer J. Taylor; (12) Sergeant Drewes; (13) Nurse Y. Young; (14) Nurse E. Penelis; (15) Hearing Officer R.E. Mayes; (16) Correctional Officer M. Jack; (17) Correctional Officer Jimenez, Badge # 60616; and (18) Lieutenant B.J. Bodge, 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 of these defendants. 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 Defendants. If the complaint is not served within 90 days after the date the 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.
summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. B. John/Jane 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 Service (“DOCCS”) to identify the John and Jane Doe defendants described in the complaint
(Defendants # 15-21, 24-26, 28-31) who were involved in the alleged violations of Plaintiff’s rights. It is therefore ordered that the New York State Attorney General, who is the attorney for and agent of DOCCS, must ascertain the identity and shield number of each John or Jane 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 60 days of the date of this order. Upon receipt of this information, the Court will deem the Complaint amended as to those Defendants and will issue an order directing the Clerk of Court to complete the USM-285 form with the addresses for the then-named John Doe Defendants.
C. 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 the date of this order, 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. D. Denial of Pro Bono Counsel Plaintiff submitted an application for the Court to request pro bono counsel. (Doc. 5). The factors to be considered in ruling on an indigent litigant’s request for counsel include the merits of the case, Plaintiff’s efforts to obtain a lawyer, and Plaintiff’s ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989);
Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are “[t]he factor which command[s] the most attention.” Cooper, 877 F.2d at 172. Because it is too early in the proceedings for the Court to assess the merits of the action, Plaintiff’s motion for counsel is denied without prejudice to renewal at a later date. E. New York Legal Assistance Group Plaintiff may consult the legal clinic in this District that assists people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group (“NYLAG”); it is not part of, or run by, the court (and, among other things, therefore cannot accept filings on behalf of the court, which must still be made by any pro se party through the Pro Se Intake Unit).
To receive limited-scope assistance from the Clinic, Plaintiff may mail a signed retainer and intake form to the NYLAG Pro Se Clinic at 40 Foley Square, LL22, NY, NY 10007. Once the paperwork is received, the Clinic will coordinate contact with the litigant.
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK SAIO BARZEE, Plaintiff, ORDER OF SERVICE -against- 23-CV-2328 (PMH) SING SING C.O. A.M. ABDULLA, et al., Defendants. PHILIP M. HALPERN, United States District Judge: Plaintiff, who is currently incarcerated at Lakeview Shock Incarceration Correctional Facility, brings this action under 42 U.S.C. § 1983, alleging that Defendants violated his rights while he was confined at Sing Sing Correctional Facility (“Sing Sing”). Plaintiff asserts multiple claims under the First, Eighth, and Fourteenth Amendments, including use of excessive force, failure to protect, denial of adequate medical care, deprivation of due process, retaliation, interference with his legal mail, and inadequate training. By order dated April 27, 2023, the Court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.1 DISCUSSION A. Service on Named Defendants Plaintiff submits an application for the Court to direct service by the U.S. Marshals Service. (Doc. 3). Because Plaintiff has been granted permission to proceed IFP, he is entitled to rely on the Court and the U.S. Marshals Service to effect service.2 Walker v. Schult, 717 F.3d. 119, 123 n.6
1 Prisoners are not exempt from paying the full filing fee even when they have been granted permission to proceed IFP. 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 served summonses and the complaint until the Court reviewed the complaint and ordered that (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)). The Court therefore grants his request for service by the U.S. Marshals Service.
To allow Plaintiff to effect service on the following defendants, (1) Correctional Officer A.M. Abdulla; (2) Correctional Officer E. Torres; (3) Correctional Officer V. Santiago; (4) IGP Supervisor Quadrena T. Quick; (5) Sergeant Velez; (6) Sergeant Acevedo; (7) Superintendent Michael Capra; (8) Acting Commissioner Anthony Annucci; (9) Correctional Officer J.P. Franco; (10) Correctional Officer G. Brown-Richbourgh; (11) Correctional Officer J. Taylor; (12) Sergeant Drewes; (13) Nurse Y. Young; (14) Nurse E. Penelis; (15) Hearing Officer R.E. Mayes; (16) Correctional Officer M. Jack; (17) Correctional Officer Jimenez, Badge # 60616; and (18) Lieutenant B.J. Bodge, 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 of these defendants. 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 Defendants. If the complaint is not served within 90 days after the date the 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.
summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. B. John/Jane 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 Service (“DOCCS”) to identify the John and Jane Doe defendants described in the complaint
(Defendants # 15-21, 24-26, 28-31) who were involved in the alleged violations of Plaintiff’s rights. It is therefore ordered that the New York State Attorney General, who is the attorney for and agent of DOCCS, must ascertain the identity and shield number of each John or Jane 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 60 days of the date of this order. Upon receipt of this information, the Court will deem the Complaint amended as to those Defendants and will issue an order directing the Clerk of Court to complete the USM-285 form with the addresses for the then-named John Doe Defendants.
C. 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 the date of this order, 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. D. Denial of Pro Bono Counsel Plaintiff submitted an application for the Court to request pro bono counsel. (Doc. 5). The factors to be considered in ruling on an indigent litigant’s request for counsel include the merits of the case, Plaintiff’s efforts to obtain a lawyer, and Plaintiff’s ability to gather the facts and present the case if unassisted by counsel. See Cooper v. A. Sargenti Co., 877 F.2d 170, 172 (2d Cir. 1989);
Hodge v. Police Officers, 802 F.2d 58, 60-62 (2d Cir. 1986). Of these, the merits are “[t]he factor which command[s] the most attention.” Cooper, 877 F.2d at 172. Because it is too early in the proceedings for the Court to assess the merits of the action, Plaintiff’s motion for counsel is denied without prejudice to renewal at a later date. E. New York Legal Assistance Group Plaintiff may consult the legal clinic in this District that assists people who are parties in civil cases and do not have lawyers. The Clinic is run by a private organization called the New York Legal Assistance Group (“NYLAG”); it is not part of, or run by, the court (and, among other things, therefore cannot accept filings on behalf of the court, which must still be made by any pro se party through the Pro Se Intake Unit).
To receive limited-scope assistance from the Clinic, Plaintiff may mail a signed retainer and intake form to the NYLAG Pro Se Clinic at 40 Foley Square, LL22, NY, NY 10007. Once the paperwork is received, the Clinic will coordinate contact with the litigant. Once the paperwork is received, it may take up to two weeks for the Clinic to contact the litigant. Copies of the Clinic’s flyer, retainer, and intake form are attached to this order. CONCLUSION The Court grants Plaintiff’s request for service by the U.S. Marshals (Doc. 3), but denies his application for the Court to request pro bono counsel (Doc. 5) without prejudice to renewal later. The Clerk of Court is instructed to issue summonses, complete the USM-285 forms with the addresses for Defendants Abdulla, Torres, Santiago, Quick, Velez, Acevedo, Capra, Annucci, Franco, Brown-Richbourgh, Taylor, Drewes, Young, Penelis, Mayes, Jack, Jimenez, and Bodge, and deliver all documents necessary to effect service to the U.S. Marshals Service.
The Clerk of Court is further directed to mail: (1) a copy of this order and the complaint to the New York State Attorney General at 28 Liberty Street, 16th Floor, New York, New York 10005; and (2) an information package to Plaintiff. Copies of NYLAG Clinic’s flyer, retainer, and intake form are attached to this order. 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 IFP 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: White Plains, New York May 1, 2023
PHILIP M. HALPERN United States District Judge DEFENDANTS AND SERVICE ADDRESSES Correctional Officer A.M. Abdulla Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Correctional Officer E. Torres Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Correctional Officer V. Santiago Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Quadrena T. Quick Inmate Grievance Program Supervisor Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Sergeant Velez Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Sergeant Acevedo Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Superintendent Michael Capra Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Anthony Annucci Acting Commissioner DOCCS Bldg 2., State Campus Albany, New York 12226-2050 6 Correctional Officer J.P. Franco Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Correctional Officer G. Brown-Richbourgh Inmate Claims Investigator Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Correctional Officer J. Taylor Inmate Claims Officer Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Sergeant Drewes Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Nurse Y. Young Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Nurse E. Penelis Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Hearing Officer R.E. Mayes Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Correctional Officer M. Jack Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562-5442 Correctional Officer Jimenez Badge # 60616 Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562 7 Lieutenant B.J. Bodge Sing Sing Correctional Facility 354 Hunter Street Ossining, NY 10562
8 Y | A G Since 1990, NYLAG has provided free civil legal services to New Yorkers who cannot afford private attorneys. New York ME Legal Assistance Group Free Legal Assistance for Self-Represented Incarcerated Civil Litigants in Federal District Court
e NYLAG Legal Clinic for Pro Se Litigants in The Clinic Can: Southern District of New York is a free legal staffed by attorneys, law students, and « Assist with amending complaints and respondin; to assist those who are representing motions to dismiss; or planning to represent themselves, = Represent litigants for settlement purposes and, incarcerated litigants, in civil lawsuits in limited circumstances, for depositions; Southern District of New York federal court, = Assist with written discovery; habeas cases. The clinic is not part of or = Recruit pro bono counsel for depositions and tris by the court. and en if a litigant has consulted with Clinic staff, = Assist with oppositions to summary judgment. they retain other counsel and that counsel . . Clinic staff cannot assist with habeas cases « a notice of appearance, they remain : criminal matters. are responsible for doing is necessary in connection with the case; NyT_AG may also be unable to assist if it determines still oe co a a ' its professional legal judgement, that (i) you have petay bg Keo mas met ay Dame refused to cooperate with the Clinic’s counsel or foll Moynihan Courthouse, 40 Foley Square, way sass . □ : the Clinic’s advice; (ii) any assistance would be York, New York, or by following the court’s . □□ i A J □ unreasonably difficult for NYLAG to carry out; or (ii for filing via email as a pro se litigant. . . . your case is or will become frivolous, unreasonable, groundless, or without merit. the Clinic: the clinic and request a copy of our retainer, please call (212) 659-6190 and leave a message or to us at the following address: NYLAG Legal Clinic for Pro Se Litigants Thurgood Marshall Federal Courthouse Room LL22 40 Foley Square New York, NY 10007 mail a signed retainer back to the clinic at the above address. Once the paperwork is received, clinic will contact you. It may take up to two weeks. Disclaimer: The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel, nor does it constitute advertising or a solicitation.
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