Washington v. Martuscello III

Background

Omar Washington, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that Commissioner Daniel Martuscello III, Lieutenant Clarence Fisher, Sergeant Maribel Lopez, Sergeant Latesha Bell, and Officer Kayla White violated his rights under the First Amendment and the Religious Land Use and Institutionalized Persons Act.

The court had granted Washington permission to proceed without prepaying filing fees. That permission does not eliminate a prisoner’s obligation to pay the filing fee over time under the applicable statute.

Service of process

Because Washington 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 court stated that Washington could not have served the defendants before the court reviewed the complaint and ordered that summonses be issued.

The court therefore extended the usual service deadline. The complaint must be served within 90 days after the summonses are issued. If service is not completed within that period, Washington should request more time. He must also notify the court in writing if his address changes, and the court may dismiss the action if he fails to do so.

Ruling

Judge Nelson S. Roman directed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant using the listed service addresses, and deliver the necessary paperwork to the U.S. Marshals Service. The Clerk was also directed to mail Washington an information package.

This order concerns service of the lawsuit. It does not decide the merits of Washington’s First Amendment or religious-land-use claims.