UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLAYTON SCOTT, Plaintiff, -against- 23-CV-6911 (CS) ANTHONY ANNUCCI, ACTING ORDER OF SERVICE COMMISSIONER, NYSDOCCS; SERGEANT JOSEPH; PATRICIA CHUMNEY OFFICER IN CHARGE; JOHN DOE ESCORTING OFFICER, Defendants. CATHY SEIBEL, United States District Judge: Plaintiff, who is currently incarcerated in Franklin Correctional Facility, brings this pro se action invoking the Court’s federal question jurisdiction. He alleges that on April 14, 2023, he was not allowed to attend a Jumah service. The original complaint was filed by thirty individuals incarcerated in Sing Sing Correctional Facility. See Brown v. Annucci, No. 7:23-CV-6056, 1 (CS) (“Brown”). By order dated August 7, 2023, the Honorable Laura Taylor Swain severed the claims of each of the plaintiffs. (ECF 1.) On October 4, 2023, the court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.1 On December 4, 2023, Plaintiff filed an amended complaint. (ECF 9.) 0F DISCUSSION A. “John Doe” Escorting Officer The New York State Attorney General filed a letter dated November 21, 2023, in Brown, indicating that the unidentified “John Doe” Defendant, who was described in the original complaint as the “Jumah Service Escorting Officer,” could not be identified. See Brown, ECF 7:23-CV-06056,
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). 31. Plaintiff names John Doe escorting officer in his amended complaint. Because that defendant cannot be identified based on the information that Plaintiff has supplied, the Court declines, at this time, to issue an order, under Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997), seeking to ascertain the identity of the escorting officer. B. Doe “Officer in Charge” In the caption of his amended complaint, Plaintiff names as a defendant an unidentified “Doe” officer-in-charge. In response to a Valentin order, the officer-in-charge of Housing Block A during the 7 a.m. - 3 p.m. shift on April 14, 2023, has been identified as Patricia Chumney. Brown,
ECF 7:23-CV-06056, 23. The Court therefore directs the Clerk of Court to substitute Patricia Chumney for Defendant “John Doe, officer-in-charge.” C. Service on Named 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 1F 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 on Defendants DOCCS Acting Commissioner Annucci, Sergeant B. Joseph, and former Correction Officer Patricia Chumney 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
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 amended complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. to issue summonses for these defendants and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. If the amended complaint is not served on these defendants 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.
D. New York Legal Assistance Group Plaintiff may consult the legal clinic in this judicial 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. It may take up to two weeks after the paperwork is received for the clinic to contact the litigant. Copies of the clinic’s
flyer, retainer, and intake form are attached to this order. CONCLUSION The Clerk of Court is directed to substitute Patricia Chumney for Defendant “John Doe officer-in-charge.” The Clerk of Court is further directed to issue summonses for Defendants Chumney, Annucci, and Joseph, complete the USM-285 forms with the addresses for these defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the clinic’s flyer, retainer, and intake form are attached to this order. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Dated: December 11, 2023 White Plains, New York _ hth ah United States District Judge
DEFENDANTS AND SERVICE ADDRESSES
Anthony Annucci Former DOCCS Acting Commissioner The Harriman State Campus Albany, New York 12226-2050 Sergeant B. Joseph Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 Former Correction Officer Patricia Chumney C/O Deputy Counsel Mark Richter Department of Corrections and Community Supervision Office of Counsel The Harriman State Campus, Building 4 1220 Washington Avenue Albany, New York 12226 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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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CLAYTON SCOTT, Plaintiff, -against- 23-CV-6911 (CS) ANTHONY ANNUCCI, ACTING ORDER OF SERVICE COMMISSIONER, NYSDOCCS; SERGEANT JOSEPH; PATRICIA CHUMNEY OFFICER IN CHARGE; JOHN DOE ESCORTING OFFICER, Defendants. CATHY SEIBEL, United States District Judge: Plaintiff, who is currently incarcerated in Franklin Correctional Facility, brings this pro se action invoking the Court’s federal question jurisdiction. He alleges that on April 14, 2023, he was not allowed to attend a Jumah service. The original complaint was filed by thirty individuals incarcerated in Sing Sing Correctional Facility. See Brown v. Annucci, No. 7:23-CV-6056, 1 (CS) (“Brown”). By order dated August 7, 2023, the Honorable Laura Taylor Swain severed the claims of each of the plaintiffs. (ECF 1.) On October 4, 2023, the court granted Plaintiff’s request to proceed in forma pauperis (IFP), that is, without prepayment of fees.1 On December 4, 2023, Plaintiff filed an amended complaint. (ECF 9.) 0F DISCUSSION A. “John Doe” Escorting Officer The New York State Attorney General filed a letter dated November 21, 2023, in Brown, indicating that the unidentified “John Doe” Defendant, who was described in the original complaint as the “Jumah Service Escorting Officer,” could not be identified. See Brown, ECF 7:23-CV-06056,
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). 31. Plaintiff names John Doe escorting officer in his amended complaint. Because that defendant cannot be identified based on the information that Plaintiff has supplied, the Court declines, at this time, to issue an order, under Valentin v. Dinkins, 121 F.3d 72, 76 (2d Cir. 1997), seeking to ascertain the identity of the escorting officer. B. Doe “Officer in Charge” In the caption of his amended complaint, Plaintiff names as a defendant an unidentified “Doe” officer-in-charge. In response to a Valentin order, the officer-in-charge of Housing Block A during the 7 a.m. - 3 p.m. shift on April 14, 2023, has been identified as Patricia Chumney. Brown,
ECF 7:23-CV-06056, 23. The Court therefore directs the Clerk of Court to substitute Patricia Chumney for Defendant “John Doe, officer-in-charge.” C. Service on Named 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 1F 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 on Defendants DOCCS Acting Commissioner Annucci, Sergeant B. Joseph, and former Correction Officer Patricia Chumney 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
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 amended complaint and ordered that summonses be issued. The Court therefore extends the time to serve until 90 days after the date summonses are issued. to issue summonses for these defendants and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon these defendants. If the amended complaint is not served on these defendants 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.
D. New York Legal Assistance Group Plaintiff may consult the legal clinic in this judicial 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. It may take up to two weeks after the paperwork is received for the clinic to contact the litigant. Copies of the clinic’s
flyer, retainer, and intake form are attached to this order. CONCLUSION The Clerk of Court is directed to substitute Patricia Chumney for Defendant “John Doe officer-in-charge.” The Clerk of Court is further directed to issue summonses for Defendants Chumney, Annucci, and Joseph, complete the USM-285 forms with the addresses for these defendants, and deliver to the U.S. Marshals Service all documents necessary to effect service. Plaintiff is referred to the NYLAG Pro Se Clinic. Copies of the clinic’s flyer, retainer, and intake form are attached to this order. The Clerk of Court is further directed to mail an information package to Plaintiff. SO ORDERED. Dated: December 11, 2023 White Plains, New York _ hth ah United States District Judge
DEFENDANTS AND SERVICE ADDRESSES
Anthony Annucci Former DOCCS Acting Commissioner The Harriman State Campus Albany, New York 12226-2050 Sergeant B. Joseph Sing Sing Correctional Facility 354 Hunter Street Ossining, New York 10562 Former Correction Officer Patricia Chumney C/O Deputy Counsel Mark Richter Department of Corrections and Community Supervision Office of Counsel The Harriman State Campus, Building 4 1220 Washington Avenue Albany, New York 12226 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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