Flores v. The State of New York
- Ronnie Abrams
- 1:24-cv-02969
- U.S. District Court · Southern District of New York
- 5
In Flores v. Montigny, Judge Abrams ordered Marshals Service to serve the defendants and required their responses to standard discovery requests.
John Andrew Flores, Steven Montigny, Alden King, the Clerk of Court, and the U.S. Marshals Service. The order directs the Clerk and Marshals Service to facilitate service and requires Montigny and King to respond to specified discovery requests.
What happened
John Andrew Flores, proceeding without a lawyer, sued Steven Montigny and Alden King under a federal civil-rights law, alleging that two New York State parole officers assaulted him. The court had previously dismissed his claims against New York State and its Department of Corrections and Community Supervision.
Judge Ronnie Abrams ordered the Clerk of Court to issue summonses and prepare the paperwork needed for the U.S. Marshals Service to serve Montigny and King. The court also said that a prisoner-case discovery rule applies and that the defendants must respond to specified discovery requests within 120 days after service.
The order also required Flores to request more time if service is not completed within 90 days after the summonses are issued, and to notify the court of any address change. Judge Abrams certified that an appeal would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
The detailed version
- Flores v. The State of New York · No. 1:24-cv-02969
- Ronnie Abrams
- Oct. 10, 2024
Background
John Andrew Flores, who was detained at the Hudson County Correctional Center, brought this case without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violating federal rights. He alleged that Steven Montigny and Alden King, identified as New York State parole officers, assaulted him.
Flores had been permitted to proceed without prepaying filing fees. His original complaint named New York State, the New York State Department of Corrections and Community Supervision, Montigny, and a John Doe defendant. In an earlier order, the court dismissed the claims against New York State and the Department and directed the New York State Attorney General to identify the John Doe defendant. The Attorney General identified that defendant as Alden King and provided service information for both defendants. Flores then filed an amended complaint naming Montigny and King.
Service of the Amended Complaint
Because Flores was allowed to proceed without prepaying filing fees, the court explained that he could use the assistance of the court and the U.S. Marshals Service to serve the defendants. The court directed the Clerk of Court to issue summonses for Montigny and King, complete U.S. Marshals Service process forms with the service information, and deliver the necessary documents to the Marshals Service.
The court stated that if the amended complaint is not served within 90 days after the summonses are issued, Flores should ask for an extension of time. The court explained that the 90-day period begins when the summonses are issued because Flores could not serve them before the court reviewed the amended complaint and ordered that summonses be issued.
Discovery and Other Directives
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. Within 120 days after service of the complaint, Montigny and King must serve responses to the standard interrogatories and document requests and must quote each request verbatim in their responses.
Flores must notify the court in writing if his address changes. The court warned that the action may be dismissed if he fails to do so. The Clerk was also directed to mail Flores an information package.
Disposition
The court ordered the Clerk to issue the summonses and provide the service materials to the U.S. Marshals Service. It confirmed that Local Civil Rule 33.2 applies to the case. Judge Ronnie Abrams also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.