Sanchez v. Lowe
- Clarke
- 7:25-cv-01677
- U.S. District Court · Southern District of New York
- 4
In Sanchez v. Lowe, Judge Clarke ordered service and discovery steps for Pedro Sanchez’s federal civil-rights lawsuit against three Sing Sing officials.
Pedro Sanchez, Correctional Officers Lowe and Franco, Sergeant Joseph Berman, the Clerk of Court, and the United States Marshals Service.
What happened
In Sanchez v. Lowe, Pedro Sanchez, who is incarcerated at Sing Sing Correctional Facility and is representing himself, sued Correctional Officers Lowe and Franco and Sergeant Joseph Berman under a federal civil-rights law, seeking damages.
The court had already allowed Sanchez to proceed without paying court fees in advance. It ordered the Clerk of Court and the United States Marshals Service to issue summonses and serve the complaint on Lowe, Franco, and Berman. It also required those defendants to answer specified discovery requests under a local court rule within 120 days after service.
Judge Jessica G. L. Clarke directed these service and discovery steps but did not decide whether Sanchez’s constitutional claims were valid. The order also stated that Sanchez must report any address change and that he should request more time if service is not completed within 90 days after summonses are issued.
The detailed version
- Sanchez v. Lowe · No. 7:25-cv-01677
- Clarke
- Apr. 3, 2025
Background
Pedro Sanchez, who the opinion says is incarcerated at Sing Sing Correctional Facility, brought a self-represented action under 42 U.S.C. § 1983, a federal law allowing certain constitutional-violation claims, and seeks damages. He sued Correctional Officer Lowe, Correctional Officer Franco, and Sergeant “Barman Jospeh,” whom the court understood to be Joseph Berman. The caption identifies the defendants as officials of Sing Sing Correctional Facility.
A prior order dated March 4, 2025, granted Sanchez permission to proceed without paying court fees in advance. The opinion notes that prisoners still must pay the full filing fee over time even when granted that permission.
Service of the lawsuit
Because Sanchez was allowed to proceed without prepaying fees, the court directed the Clerk of Court and the United States Marshals Service to assist with service. The Clerk was instructed to issue summonses for Lowe, Franco, and Berman, complete a separate service form for each defendant with the defendant’s service address, and provide the Marshals Service with the documents needed to serve the summonses and complaint.
The court extended the service period to 90 days after summonses for the defendants are issued. If service is not completed within that period, Sanchez should request an extension of time. The court also required Sanchez to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Discovery requirement
The court determined that Local Civil Rule 33.2 applies. That rule requires certain defendants in specified prisoner actions to respond to standard, court-ordered discovery requests. Lowe, Franco, and Berman must serve responses within 120 days after the summonses and complaint are served. Their responses must quote each discovery request verbatim.
Disposition
The court directed the Clerk to mail Sanchez an information package, issue the summonses, complete the service forms, and deliver the necessary documents to the United States Marshals Service. It also directed Lowe, Franco, and Berman to comply with Local Civil Rule 33.2 within 120 days after service. This order concerns service and discovery procedures; it does not decide the merits of Sanchez’s constitutional claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.