Damon Scott v. John Doe CERT Officer-A; John Doe CERT Officer-B; John Doe CERT Officer-C; Michael Capra, Superintendent of Sing Sing Correctional Facility

Summary

The United States District Court for the Southern District of New York directs the Clerk of Court and U.S. Marshals Service to serve Defendant Michael Capra in Plaintiff Damon Scott’s 42 U.S.C. § 1983 action. The court also issues a Valentin order requiring the New York State Attorney General’s Office to identify three John Doe CERT officers, directs Plaintiff to file an amended complaint naming them, and applies Local Civil Rule 33.2 discovery requirements.

Holdings

1. When a plaintiff is authorized to proceed in forma pauperis, the court must direct the U.S. Marshals Service to issue and serve process, and the Clerk must provide the necessary summons and service materials.
2. For an in forma pauperis plaintiff who could not effect service until the court issued the summons, the time to serve is extended to 90 days after the summons issues.
3. A pro se litigant is entitled to district-court assistance in identifying an otherwise unidentified defendant when the complaint supplies sufficient information to permit identification.
4. Local Civil Rule 33.2 applies to this prisoner action and requires Defendant Capra to serve responses to the specified court-ordered interrogatories and document requests within 120 days after service of the complaint.

Questions Presented

1. Whether the court should direct the U.S. Marshals Service to serve Superintendent Capra because Plaintiff was authorized to proceed in forma pauperis.
2. Whether the court should require the New York Attorney General's Office to identify the John Doe CERT officers and provide service information.
3. Whether Local Civil Rule 33.2 applies and requires Defendant Capra to respond to the specified prisoner discovery requests.

Disposition

other