Matthews v. Miley
- Cathy Seibel
- 7:24-cv-07902
- U.S. District Court · Southern District of New York
- 4
In Matthews v. Miley, Judge Seibel ordered service on four defendants and required responses to prisoner-action discovery requests.
Devon Matthews, the four named defendants, the Clerk of Court, and the United States Marshals Service.
What happened
In Matthews v. Miley, Devon Matthews, who is incarcerated and proceeding without a lawyer, brought a damages action under 42 U.S.C. § 1983 against four correctional employees.
The court had already allowed Matthews to proceed without paying filing fees upfront. It directed the Clerk of Court and the United States Marshals Service to issue summonses and serve the complaint on Freddie Miley, Deveron Aitken, Kyle E. Barnes, and Felix Bermejo.
Judge Cathy Seibel also required the defendants to respond to specified discovery requests under Local Civil Rule 33.2 within 120 days after service. The order addressed service and discovery; it did not decide whether Matthews’s claims were legally valid.
The detailed version
- Matthews v. Miley · No. 7:24-cv-07902
- Cathy Seibel
- Nov. 25, 2024
Background
Devon Matthews, who is incarcerated at Fishkill Correctional Facility and is proceeding without a lawyer, filed a damages action under 42 U.S.C. § 1983. He named Correctional Officer Freddie Miley, Correctional Officer Deveron Aitken, Correctional Officer Kyle E. Barnes, and Correctional Sergeant Felix Bermejo as defendants. The opinion states that the defendants appear to be assigned to Sing Sing Correctional Facility.
The court had previously granted Matthews permission to proceed without paying filing fees upfront. That permission is commonly called proceeding in forma pauperis. The opinion also notes that prisoners remain responsible for the filing fee under the applicable statute.
Service of Process
Because Matthews was allowed to proceed without paying fees upfront, the court directed the Clerk of Court and the United States Marshals Service to assist with service. The Clerk was ordered to issue a summons for each defendant, complete a service form for each defendant with the service address, and give the Marshals Service the documents needed to serve the summonses and complaint.
The court extended the time for service until 90 days after the summonses issue. It stated that Matthews should request an extension if service is not completed within that period and must notify the court in writing if his address changes.
Discovery Requirement
The court determined that Local Civil Rule 33.2 applies. That rule requires specified defendants in certain prisoner actions to answer standard interrogatories and requests for production of documents. The defendants must serve their responses within 120 days after service and must quote each discovery request verbatim in their responses.
Disposition
The court directed the Clerk to mail Matthews an information package and directed service on Miley, Aitken, Barnes, and Bermejo. It further directed the Clerk to issue the summonses, complete the service forms, and send the necessary documents to the Marshals Service. The order did not decide the merits of Matthews’s § 1983 claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.