Washington v. Martuscello Jr.
- Nelson Roman
- 7:24-cv-03607
- U.S. District Court · Southern District of New York
- 3
Washington v. Martuscello: Judge Román ordered summonses and U.S. Marshals service for Washington’s claims.
Omar Washington, the named defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Washington v. Martuscello, Omar Washington, who is incarcerated and representing himself, sued Daniel F. Martuscello, Jr., Sgt. Riley, and Officer Washington under federal civil-rights and religious-land-use laws. The court had already allowed him to proceed without paying fees upfront.
The court instructed the Clerk to issue summonses, prepare service forms, and send the necessary papers to the U.S. Marshals Service so the defendants could be served. The court extended the service deadline to 90 days after the summonses are issued, rather than 90 days after the complaint was filed.
Judge Román ordered the Clerk to carry out those service steps and mail Washington an information package. The order also said Washington must tell the court in writing if his address changes and should request more time if service is not completed within the deadline.
The detailed version
- Washington v. Martuscello Jr. · No. 7:24-cv-03607
- Nelson Roman
- June 5, 2024
Background
Omar Washington brought this action under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act. The opinion states that Washington is incarcerated at Sing Sing Correctional Facility and is proceeding without a lawyer. In an earlier order dated May 31, 2024, the court allowed him to proceed without prepaying filing fees.
Service of the Defendants
Because Washington was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court also noted that prisoners must still pay the full filing fee over time, even when permitted to proceed without prepayment.
The court extended the usual 90-day service period. Instead of running from the date the complaint was filed, the period runs for 90 days after the summonses are issued. The court instructed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form with each defendant’s address, and provide the Marshals Service with the documents needed to complete service.
The listed service addresses were for Daniel F. Martuscello, Jr., identified as Acting Commissioner of the New York State Department of Corrections and Community Supervision; Sgt. Riley; and Officer Washington. The latter two were listed at Sing Sing Correctional Facility.
Ruling
Judge Nelson S. Román ordered the Clerk to issue the summonses, prepare the service forms, and send the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Washington a copy of the order and an information package. The order states that Washington should request an extension if the defendants are not served within 90 days after the summonses are issued, and that he must notify the court in writing if his address changes. This order concerns service and does not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.