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 allowed additional facts and ordered Marshals service on Montigny and King.
The order primarily affects John Andrew Flores, who may amend his complaint and rely on the U.S. Marshals Service to serve Steven Montigny and Alden King. It also requires the defendants to respond to specified discovery requests after service.
What happened
In John Andrew Flores v. Steven Montigny and Alden King, Flores, representing himself, alleges that two New York State parole officers assaulted him. Earlier, the court dismissed claims against New York State and its Department of Corrections and Community Supervision and identified Alden King as the previously unnamed defendant.
Judge Abrams granted Flores’s request to add additional facts, while stating that no further requests to amend would be granted at this time. The court directed the Clerk to issue summonses and provide the paperwork and addresses needed for the U.S. Marshals Service to serve Montigny and King.
Judge Ronnie Abrams also required Flores to request more time if service is not completed within 90 days after the summonses are issued, advised him to report address changes, and stated that certain prisoner discovery procedures apply. The court denied permission to proceed without prepaying fees for an appeal from this order.
The detailed version
- Flores v. The State of New York · No. 1:24-cv-02969
- Ronnie Abrams
- Oct. 24, 2024
Background
John Andrew Flores, proceeding without a lawyer and without prepaying the filing fee, brought this civil-rights action under 42 U.S.C. § 1983. He alleges that Steven Montigny and Alden King, identified as New York State parole officers, assaulted him. Flores’s initial 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 Flores’s claims against New York State and the Department of Corrections and Community Supervision. The court also directed the New York State Attorney General to identify the John Doe defendant and allowed service on Montigny through the U.S. Marshals Service. The Attorney General later identified the John Doe defendant as Alden King and provided service information for both defendants.
Amendment and Service
The court had already granted Flores permission to file an amended complaint naming Montigny and King. In this order, the court granted Flores’s additional request to amend the complaint to add facts concerning how each defendant allegedly caused his injuries. The court stated that it would not grant further requests to amend at this time and instructed Flores that any future amendment request must identify the language that differs from the operative complaint.
Because Flores was authorized to proceed without prepaying the filing fee, the court directed the Clerk of Court to issue summonses, complete the required U.S. Marshals Service forms with the defendants’ addresses, and deliver the necessary papers to the Marshals Service for service. If the amended complaint is not served within 90 days after the summonses are issued, Flores must request an extension of time.
Other Directions and Disposition
The court advised Flores that he must notify the court in writing if his address changes. It also stated that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to specified standard discovery requests within 120 days after service of the complaint.
The court certified that an appeal from this order would not be taken in good faith and denied Flores permission to proceed without prepaying fees for purposes of an appeal. This order addresses amendment, service, discovery procedures, and appellate filing-fee status; it does not decide whether Flores’s assault allegations are legally or factually valid.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.