Herbert v. Korines
- Nelson Roman
- 7:23-cv-09529
- U.S. District Court · Southern District of New York
- 4
In Herbert v. Korines, Judge Roman ordered service on two defendants and required standardized discovery responses.
The order affects Jeremiah Folsom Herbert, the defendants Daniel J. Murdock and Christopher D. Barto, the Clerk of Court, the U.S. Marshals Service, and the New York State Attorney General. It requires the Clerk and Marshals Service to arrange service, requires defendants to provide specified discovery responses, and sets obligations for Herbert concerning service deadlines and address changes.
What happened
Jeremiah Folsom Herbert, representing himself, sued prison officials under a federal civil-rights law, alleging constitutional violations during his incarceration at Green Haven Correctional Facility. The New York Attorney General identified two previously unnamed correction officers as Daniel J. Murdock and Christopher D. Barto.
The court directed the Clerk to issue summonses and provide the U.S. Marshals Service with the documents needed to serve Murdock and Barto. The court also said that a prisoner-case discovery rule applies, requiring defendants to answer specified questions and document requests within 120 days after service.
The order did not decide whether Herbert’s constitutional claims were valid. Judge Nelson S. Roman also directed Herbert to request more time if service is not completed within 90 days after summonses are issued and to notify the court of any address change.
The detailed version
- Herbert v. Korines · No. 7:23-cv-09529
- Nelson Roman
- Aug. 21, 2024
Background
Jeremiah Folsom Herbert, who was incarcerated at Attica Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleged that defendants violated his constitutional rights while he was incarcerated at Green Haven Correctional Facility. The court had previously allowed Herbert to proceed without prepaying filing fees and had ordered service on several named defendants. After the New York State Attorney General responded to the court’s order seeking the identities of previously unnamed defendants, Herbert filed an amended complaint naming Correction Officers Daniel J. Murdock and Christopher D. Barto.
Service of Process
Because Herbert was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to complete U.S. Marshals Service process forms, issue summonses for Murdock and Barto, and send the necessary paperwork to the Marshals Service. The court stated that Herbert should request an extension of time if service is not completed within 90 days after the summonses are issued. It also required Herbert to notify the court in writing if his address changes and warned that the action may be dismissed if he fails to do so.
Discovery and Disposition
The court ruled that Local Civil Rule 33.2 applies to this prisoner action. Under that rule, defendants must respond to the specified interrogatories and requests for production within 120 days after service of the complaint, quoting each request verbatim in their responses. The court directed the Clerk to mail the order and complaint to the New York State Attorney General, mail a copy to Herbert, and record service on the docket. This was a procedural service and discovery order; it did not decide the merits of Herbert’s constitutional claims. Judge Nelson S. Roman entered the order on August 21, 2024.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.