Almonte v. Doe
- Cathy Seibel
- 7:24-cv-00818
- U.S. District Court · Southern District of New York
- 4
In Almonte v. Doe, Judge Seibel ordered the Clerk and Marshals Service to serve six newly identified defendants in Almonte’s pro se civil-rights case.
Joel Almonte, the six named defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
Joel Almonte sued several initially unidentified defendants, alleging that they violated his rights while he was incarcerated at Fishkill Correctional Facility. In Almonte v. Doe, the court had already allowed him to proceed without paying filing fees and had helped identify potential defendants.
After Almonte filed an amended complaint naming six defendants, the court ordered the Clerk to prepare summonses and service forms for C.O. James D. Emsworth, C.O. Richard G. Montross, C.O. Patrick Bolbrock, Correctional Sergeant John P. Broas, Retired C.O. Chris J. Moricone, and Sergeant Matthew K. Allers. The U.S. Marshals Service was directed to serve them.
Judge Cathy Seibel also stated that Almonte should request more time if service is not completed within 90 days after the summonses are issued and must notify the court of any address change. The order addressed service only and did not decide whether Almonte’s claims have merit.
The detailed version
- Almonte v. Doe · No. 7:24-cv-00818
- Cathy Seibel
- June 11, 2024
Background
Joel Almonte filed a civil-rights complaint without a lawyer, alleging that multiple unidentified defendants violated his rights while he was incarcerated at Fishkill Correctional Facility. The court had granted him permission to proceed without prepaying filing fees. It then ordered the New York State Attorney General to identify the people Almonte sought to sue and provide information needed for service.
The Attorney General provided names and addresses of potential defendants. After receiving an extension of time, Almonte filed an amended complaint naming six defendants: C.O. James D. Emsworth, C.O. Richard G. Montross, C.O. Patrick Bolbrock, Correctional Sergeant John P. Broas, Retired C.O. Chris J. Moricone, and Sergeant Matthew K. Allers.
Ruling
The court ordered the Clerk of Court to prepare a summons and a U.S. Marshals Service Process Receipt and Return form for each of the six defendants. The Clerk was also ordered to give the Marshals Service the paperwork needed to serve them. Because Almonte was allowed to proceed without prepaying fees, the Marshals Service would carry out service for him.
The court stated that if service is not completed within 90 days after the summons is issued, Almonte should request an extension of time. It also required him to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Effect of the Order
This was an order arranging service of the amended complaint. It did not determine whether the defendants violated Almonte’s rights or otherwise decide the merits of his claims. The order directed the Clerk and the U.S. Marshals Service to take the specified service steps and directed that an information package be mailed to Almonte.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.