USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: KEENAN PARKER, DATE FILED: 11/08/2023 Plaintiff, -against- 7:23-CV-9326 (NSR) C.0. D. SANTIAGO; C.O. K. ORDER OF SERVICE BREIDENSTEIN; I.G.R.P. STANAWAY; CAPTAIN BAY, Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff Keenan Parker, who is currently incarcerated in the Upstate Correctional Facility, brings this pro se action asserting that the defendants violated his federal constitutional rights while he was incarcerated in the Green Haven Correctional Facility (“Green Haven”). He seeks damages, and sues: (1) Correctional Officer D. Santiago; (2) Correctional Officer K. Breidenstein; (3) Correctional Captain Bay; and (4) Green Haven Grievance Representative Stanaway. The Court construes Plaintiff’s complaint as asserting claims under 42 U.S.C. § 1983. By order dated October 24, 2023, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.! The Court directs service of summonses and the complaint on the defendants, and directs the defendants to comply with Local Civil Rule 33.2.
' 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).
DISCUSSION A. Service on the defendants 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 (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). To allow Plaintiff to effect service of the complaint on the 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 each of the defendants. The Clerk of Court is further instructed to issue a summons for each of the defendants and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service of summonses and the complaint on the defendants. If summonses and the complaint are not served on the defendants 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.
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 on the defendants until the Court reviewed the complaint and ordered that summonses for the defendants be issued. The Court therefore extends the time to serve the defendants until 90 days after the date that summonses are issued for them. 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 summonses and the complaint, the defendants must serve responses to those standard discovery requests. In their responses, the defendants must quote each request verbatim.3 C. New York Legal Assistance Group (NYLAG) Plaintiff may consult the legal clinic opened in this judicial district to assist people who are parties in civil cases, but who do not have lawyers. The clinic is operated by a private organization called the New York Legal Assistance Group (“NYLAG”); it is not part of, or operated by, the court (and, among other things, therefore, it cannot accept filings on behalf of the court, which must still be filed by a pro se party in the court’s 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, New York, New York
10007. Once the paperwork is received, the clinic will coordinate contact with the litigant. Once 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.
3 If Plaintiff would like copies of those discovery requests before receiving the responses and does not have access to the website, he may request them from the court’s Pro Se Intake Unit. CONCLUSION The Court directs the Clerk of Court to mail a copy of this order and an information package to Plaintiff at the address listed on ECF and to show service on the docket. The Court also directs the Clerk of Court to issue summonses for Defendants Santiago, Breidenstein, Bay, and Stanaway; complete USM-285 forms with the addresses of those
defendants; and deliver all documents necessary to effect service of summonses and the complaint on those defendants to the U.S. Marshals Service. The Court further directs the defendants to comply with Local Civil Rule 33.2 within 120 days of service of summonses and the complaint. A flyer, retainer, and intake form from NYLAG are attached to this order. SO ORDERED. Dated: November 8, 2023 White Plains, New York NELSON S. ROMÁN United States District Judge DEFENDANTS AND SERVICE ADDRESSES
1. Correctional Officer D. Santiago Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 2. Correctional Officer K. Breidenstein Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 3. Correctional Captain Bay Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 4. Grievance Representative Stanaway Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 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 . .
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USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED DOC #: KEENAN PARKER, DATE FILED: 11/08/2023 Plaintiff, -against- 7:23-CV-9326 (NSR) C.0. D. SANTIAGO; C.O. K. ORDER OF SERVICE BREIDENSTEIN; I.G.R.P. STANAWAY; CAPTAIN BAY, Defendants. NELSON S. ROMAN, United States District Judge: Plaintiff Keenan Parker, who is currently incarcerated in the Upstate Correctional Facility, brings this pro se action asserting that the defendants violated his federal constitutional rights while he was incarcerated in the Green Haven Correctional Facility (“Green Haven”). He seeks damages, and sues: (1) Correctional Officer D. Santiago; (2) Correctional Officer K. Breidenstein; (3) Correctional Captain Bay; and (4) Green Haven Grievance Representative Stanaway. The Court construes Plaintiff’s complaint as asserting claims under 42 U.S.C. § 1983. By order dated October 24, 2023, the court granted Plaintiff’s request to proceed in forma pauperis (“IFP”), that is, without prepayment of fees.! The Court directs service of summonses and the complaint on the defendants, and directs the defendants to comply with Local Civil Rule 33.2.
' 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).
DISCUSSION A. Service on the defendants 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 (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). To allow Plaintiff to effect service of the complaint on the 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 each of the defendants. The Clerk of Court is further instructed to issue a summons for each of the defendants and deliver to the Marshals Service all the paperwork necessary for the Marshals Service to effect service of summonses and the complaint on the defendants. If summonses and the complaint are not served on the defendants 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.
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 on the defendants until the Court reviewed the complaint and ordered that summonses for the defendants be issued. The Court therefore extends the time to serve the defendants until 90 days after the date that summonses are issued for them. 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 summonses and the complaint, the defendants must serve responses to those standard discovery requests. In their responses, the defendants must quote each request verbatim.3 C. New York Legal Assistance Group (NYLAG) Plaintiff may consult the legal clinic opened in this judicial district to assist people who are parties in civil cases, but who do not have lawyers. The clinic is operated by a private organization called the New York Legal Assistance Group (“NYLAG”); it is not part of, or operated by, the court (and, among other things, therefore, it cannot accept filings on behalf of the court, which must still be filed by a pro se party in the court’s 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, New York, New York
10007. Once the paperwork is received, the clinic will coordinate contact with the litigant. Once 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.
3 If Plaintiff would like copies of those discovery requests before receiving the responses and does not have access to the website, he may request them from the court’s Pro Se Intake Unit. CONCLUSION The Court directs the Clerk of Court to mail a copy of this order and an information package to Plaintiff at the address listed on ECF and to show service on the docket. The Court also directs the Clerk of Court to issue summonses for Defendants Santiago, Breidenstein, Bay, and Stanaway; complete USM-285 forms with the addresses of those
defendants; and deliver all documents necessary to effect service of summonses and the complaint on those defendants to the U.S. Marshals Service. The Court further directs the defendants to comply with Local Civil Rule 33.2 within 120 days of service of summonses and the complaint. A flyer, retainer, and intake form from NYLAG are attached to this order. SO ORDERED. Dated: November 8, 2023 White Plains, New York NELSON S. ROMÁN United States District Judge DEFENDANTS AND SERVICE ADDRESSES
1. Correctional Officer D. Santiago Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 2. Correctional Officer K. Breidenstein Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 3. Correctional Captain Bay Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 4. Grievance Representative Stanaway Green Haven Correctional Facility 594 Route 216 Stormville, New York 12582-0010 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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