Green v. Ahnbrster

Background

Darnell Green, who is incarcerated at Green Haven Correctional Facility and is representing himself, brought this action under 42 U.S.C. § 1983. He alleges that, while incarcerated at Sullivan Correctional Facility, the defendants used excessive force against him and denied him medical attention. The caption names T. Ahnbrster, Officer Reed, Officer Daddezio, and an Officer John Doe as defendants.

The court had previously granted Green permission to proceed without paying filing fees upfront. The court issued an earlier service order for the named defendants and directed the New York State Department of Corrections and Community Supervision to identify the John Doe officer. Green later identified that officer as C.O. Prescott. At the court’s direction, the New York State Attorney General provided Prescott’s full name and service location. The order identifies him as C.O. Daryl Prescott.

Order

Because Green was allowed to proceed without paying fees upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve process. The Clerk of Court was directed to issue a summons for C.O. Daryl Prescott, complete the required U.S. Marshals Service Process Receipt and Return form with Prescott’s address, and deliver the necessary documents to the Marshals Service for service.

The court stated that if the complaint is not served within 90 days after the summons is issued, Green should request an extension of time. It also instructed Green to notify the court in writing if his address changes and warned that the action may be dismissed if he does not do so. The Clerk was directed to mail the order to Green and to the New York State Attorney General.

Effect of the Order

This is an order concerning service of process. It does not decide whether the defendants used excessive force or denied Green medical attention, and it does not resolve the merits of his claims.