Perez v. Molina
- Barbara Moses
- 1:23-cv-00801
- U.S. District Court · Southern District of New York
- 3
In Perez v. Molina, Magistrate Judge Barbara Moses ordered the U.S. Marshals Service to serve Captain Shaw and extended the deadline.
The order directly affects Jarrell D. Perez and defendant Captain Shaw, Badge #1683, by arranging service through the U.S. Marshals Service and setting the service deadline.
What happened
In Perez v. Molina, Jarrell D. Perez, who is incarcerated and representing himself, sued individuals affiliated with the New York City Department of Correction. He alleges violations of his constitutional rights and state law.
The Department initially could not identify three defendants named in Perez’s amended complaint. After Perez provided more detailed descriptions, the Law Department identified Correction Officer Shaw by badge number, along with two other officers. The Department accepted service waivers for the other two officers but said it could not waive service for Shaw because he was no longer actively employed.
Magistrate Judge Barbara Moses directed the Clerk to issue a summons and paperwork for the U.S. Marshals Service to serve Shaw at the address provided by the Department. She also extended the service deadline until 90 days after the summons is issued. The order did not decide whether Perez’s claims are legally valid.
The detailed version
- Perez v. Molina · No. 1:23-cv-00801
- Barbara Moses
- June 25, 2024
Background
Jarrell D. Perez filed this action representing himself against various individuals affiliated with the New York City Department of Correction. He is incarcerated at Franklin Correctional Facility in Malone, New York. His amended complaint alleges violations of constitutional rights and state law. The court had allowed him to proceed without paying filing fees in advance, meaning that the court and the U.S. Marshals Service were responsible for helping effect service of process.
Identification of Defendants
The court previously asked the individual defendants to waive service. The Department declined to waive service for defendants identified as “Captain Mulbrav,” “Captain Smith,” and “Captain Shaw,” stating that it could not identify one of them and needed more information about the other two. The court ordered Perez to provide more detailed descriptions. Perez did so, and the Law Department identified the three individuals as Correction Officer Smith, Badge #1651; Correction Officer Shaw, Badge #1683; and Correction Officer Mullgrav, Badge #1679. The court received service waivers for Mullgrav and Smith.
The Law Department later advised that the Department could not waive service for Shaw because he was no longer actively employed, but provided an address where he could be served through the Department’s Legal Division.
Court’s Order
Judge Moses directed the Clerk of Court to complete a U.S. Marshals Service process form for Shaw, issue a summons listing the provided address, and send the Marshals Service the order, summons, and other necessary paperwork. The court extended the time for service until 90 days after the summons is issued. The court stated that, if service is not completed within that period, Perez should request an extension of time.
This order concerns service of process and the timing of service. It does not decide the merits of Perez’s constitutional or state-law claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.