Brown v. Venettozi

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOHNNY B. BROWN, Plaintiff, No. 18-CV-2628 (KMk) . ORDER OF SERVICE DONALD VENETTOZZI, ef al.,

_ Defendants.

KENNETH M. KARAS, United States District Judge: Plaintiff, currently incarcerated at Auburn Correctional Facility, brings this pro se Action under 42 U.S.C. § 1983 regarding incidents involving Defendants, who are correctional staff or otherwise employed by the New York Department of Corrections and Community Supervision (“DOCCS”). By order dated May 3, 2018, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis (“IFP”),! (Dkt. No. 7.) In response to a Motion To Dismiss, the Court dismissed Plaintiff's claims and provided Plaintiff with an opportunity to amend his Complaint. (Opinion & Order (Dkt. No. 37),) Plaintiff filed an Amended Complaint on November 12, 2019, in which he named a new Defendant, Sgt. R. Coccuzza (“Coccuzza”). (See Am. Compl. (Dkt. No. 41).) To allow Plaintiff to effect service on Coccuzza, the Clerk of Court is instructed to fill out

a U.S. Marshals Service Process Receipt and Return form (“USM-285 form”) for that Defendant. The Clerk of Court is further instructed to issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon Coccuzza.

| 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).

Rule 4(m) of the Federal Rules of Civil Procedure generally requires service of the

summons and (Amended) Complaint to be completed within 90 days of the date the summons

issues, and it is Plaintiff's responsibility to request, if necessary, an extension of time for service, See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in

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

Additionally, 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.”

The Court further notes that it has already granted an extension to Defendants to answer

or otherwise respond to the Amended Complaint until February 6, 2020, precisely because

Defendant Coccuzza had not yet been served or assigned defense counsel. (See Dkt. No. 44.) As

noted in that Order, no more extensions will be granted, and Defendant Coccuzza is expected to

comply with the deadline noted in that Order. The Clerk of Court is directed to mail a copy of this order to Plaintiff.

The Clerk of Court is further instructed to complete the USM-285 forms with the address

for Defendant Coccuzza and deliver all documents necessary to effect service to the U.S.

Marshals Service. SO ORDERED. Dated: December 26, 2019 if White Plains, New York He oy KENNETH M. KARAS United States District Judge

:

DEFENDANT AND SERVICE ADDRESS 1. Sgt. R. Coccuzza Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582