Roundtree v. Jane Doe 1

Background

Rashaun Roundtree brought a case under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating constitutional rights. He alleges that the defendants violated his rights during his 2019 detention in the Orange County Jail. The opinion states that Roundtree is incarcerated at Wallkill Correctional Facility, is proceeding without a lawyer, and had previously received permission to proceed without prepaying fees.

On July 26, 2024, Roundtree filed a fourth amended complaint adding the Sheriff of Orange County and the Deputy of Administration at the Orange County Jail. The court directed Orange County’s counsel to identify the people who held those positions during the relevant period. On September 5, 2024, counsel identified them as Sheriff Carl DuBois and Administrator Anthony Mele.

Service Order

Because Roundtree was allowed to proceed without prepaying fees, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was directed to prepare a U.S. Marshals Service Process Receipt and Return form for each of DuBois and Mele, issue summonses, and deliver the documents needed for the Marshals Service to complete service.

The court stated that if the complaint is not served within 90 days after the summons is issued, Roundtree should request an extension of time. It also required Roundtree to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.

Disposition

The court ordered the Clerk to mail the order to Roundtree and to the Orange County County Attorney, and to arrange service of the fourth amended complaint on DuBois and Mele. This order concerns service of process; it does not resolve the merits of Roundtree’s constitutional claims. Judge Cathy Seibel signed the order on September 6, 2024.