Mejia v. Ruquet

Background

Dionis Mejia, who is incarcerated at Elmira Correctional Facility and is proceeding without a lawyer, filed a case under 42 U.S.C. § 1983. He alleges that the defendants violated rights protected by federal law. The court had previously granted his request to proceed without prepaying filing fees.

This order does not decide the truth of those allegations or whether the complaint states a valid claim. It addresses how the case will proceed.

Service of the Complaint

Because Mejia was allowed to proceed without prepaying fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each of the named defendants Ruquet, Franco, Mays, Joseph, Ulerio, Boyd, and Amspach. The Clerk must issue summonses and deliver the necessary papers to the U.S. Marshals Service for service.

The court extended the service deadline to 90 days after the summonses are issued. If service is not completed within that period, Mejia should request more time. The order also requires Mejia to notify the court in writing if his address changes and states that the action may be dismissed if he does not do so.

Identifying the Doe Defendants

The complaint provides enough information for the New York State Attorney General’s Office to identify three defendants: a Sing Sing Corrections Officer identified as Jane Doe, a Green Haven lieutenant identified as John Doe 3, and an Upstate sergeant identified as John Doe 4. The court directed the Attorney General’s Office, which the order describes as the attorney and agent for the New York State Department of Corrections and Community Supervision, to determine each person’s identity, badge number, and service address within 60 days.

Within 30 days after receiving that information, Mejia must file an amended complaint naming those defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint and, if needed, direct the Clerk to arrange service on the newly named defendants.

Discovery

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified interrogatories and document requests. The defendants must serve responses within 120 days after the order’s date and must quote each request verbatim in their responses.

Disposition

The court ordered the Clerk to issue summonses, complete the service forms, and provide the necessary documents to the U.S. Marshals Service. It also directed the Clerk to send the order and complaint to the New York State Attorney General’s Office, provide Mejia with an amended-complaint form and an information package, and apply Local Civil Rule 33.2. Judge Nelson S. Roman entered an order of service; the opinion contains no merits ruling on Mejia’s civil-rights claims.

Name clarification

A footnote states that the complaint’s caption spells the first defendant’s name “Rucket,” while the complaint’s other references spell it “Ruquet.”