Long v. Rodriguez
- Cathy Seibel
- 7:24-cv-05227
- U.S. District Court · Southern District of New York
- 2
In Long v. Rodriguez, Judge Seibel ordered address assistance so Herbert Long’s federal civil-rights case can be served on two defendants.
Herbert Long, Anthony Rodriguez, Wilfredo Perez, the New York State Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Long v. Rodriguez, Herbert Long, who is incarcerated and is representing himself, alleges that Anthony Rodriguez and Wilfredo Perez violated his constitutional right to fair procedures during a prison disciplinary hearing. The opinion does not decide whether those allegations are correct.
Because Rodriguez is no longer the disciplinary-program director and Perez is retired, the court directed the New York State Attorney General to find addresses where they can be served with the lawsuit. The Attorney General must provide the addresses to the court and Long within 60 days.
Within 30 days after receiving the addresses, the court will direct the Clerk of Court to prepare the service forms and send the necessary documents to the U.S. Marshals Service. Judge Seibel also directed the Clerk to mail the order to the Attorney General and an information package to Long.
The detailed version
- Long v. Rodriguez · No. 7:24-cv-05227
- Cathy Seibel
- Aug. 19, 2024
Background
Herbert Long, who is incarcerated at Sing Sing Correctional Facility and is representing himself, brought this action under 42 U.S.C. § 1983. He alleges that Anthony Rodriguez and Wilfredo Perez violated his Fourteenth Amendment right to procedural due process during a disciplinary hearing held from August 12, 2022, through August 26, 2022. The opinion identifies Rodriguez as the former Director of Sing Sing’s Incarcerated Individual Disciplinary Program and Perez as the retired officer who conducted the hearing.
The court had previously granted Long permission to proceed without prepaying filing fees. The court noted that prisoners still must pay the full filing fee over time even when granted that permission.
Service Assistance
Because Rodriguez was no longer the program director and Perez was retired, Long did not have current service addresses for them. Citing the rule that a self-represented litigant is entitled to the district court’s assistance in identifying a defendant, the court ordered the New York State Attorney General to determine service addresses for both defendants. The Attorney General must provide the addresses to Long and the court within 60 days of the order. If either defendant no longer works for the New York State Department of Corrections and Community Supervision, the Attorney General must provide an alternative address where that person may be served.
Within 30 days after receiving the address information, the court will issue an order directing the Clerk of Court to complete the required service forms and deliver the documents needed to the U.S. Marshals Service.
Disposition
This order concerns identifying addresses and arranging service; it does not decide the merits of Long’s due-process claims. The Clerk of Court was directed to mail a copy of the order to the New York State Attorney General at the address listed in the opinion, mail an information package to Long, and apply Local Civil Rule 33.2 to the case. The order was signed by Cathy Seibel, United States District Judge, on August 19, 2024.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.