Smith v. Halstead
- Cathy Seibel
- 7:24-cv-06855
- U.S. District Court · Southern District of New York
- 4
In Smith v. Halstead, Judge Seibel ordered Marshals to serve three defendants and required their later discovery responses.
Plaintiff Donnie P. Smith and defendants Vincent Murphy, E. Davis, and Armond Della Pia. The Clerk of Court and U.S. Marshals Service were directed to complete the service process, and the three named defendants were required to respond to specified discovery requests.
What happened
Donnie P. Smith v. Sergeant Eric Halstead #039, et al. is a case brought by Smith, who is representing himself while held at the Orange County Jail. He claims violations of federal constitutional rights and other federal and state laws. The court had allowed him to proceed without paying fees upfront, and the case had been temporarily paused because of a bankruptcy filing.
The court ordered the Clerk to issue summonses and provide the U.S. Marshals Service with the paperwork needed to serve Correctional Officer Vincent Murphy, Correctional Officer E. Davis, and Sergeant Armond Della Pia with the Second Amended Complaint. If service is not completed within 90 days after summonses are issued, Smith should request more time.
Judge Cathy Seibel also ordered Murphy, Davis, and Della Pia to respond within 120 days after service to specified prisoner-case discovery requests under Local Civil Rule 33.2. The order addressed service and discovery procedures; it did not decide whether Smith’s claims are valid.
The detailed version
- Smith v. Halstead · No. 7:24-cv-06855
- Cathy Seibel
- May 12, 2025
Background
Donnie P. Smith is representing himself and is being held at the Orange County Jail. He brings claims alleging violations of his federal constitutional rights. The court construed his complaint as raising claims under 42 U.S.C. §§ 1983, 1985, and 1986; the Religious Land Use and Institutionalized Persons Act; and state law.
The court had granted Smith permission to proceed without prepaying filing fees. Smith later filed an amended complaint adding Kaitlin Menard, Vincent Murphy, E. Davis, and Armond Della Pia as defendants, followed by a Second Amended Complaint. Wellpath LLC filed for bankruptcy on November 11, 2024, automatically pausing the case. The court stated that, as of May 7, 2025, the pause had been lifted at least as to the County Defendants.
Service order
Because Smith was allowed to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve process. The court instructed the Clerk to prepare Marshals Service process forms, issue summonses, and provide the Marshals Service with the documents needed to serve Murphy, Davis, and Della Pia with the Second Amended Complaint.
The opinion states that service must occur within 90 days after the summons is issued. If service is not completed within that period, Smith should request an extension of time.
Discovery requirement
The court ruled that Local Civil Rule 33.2 applies to this prisoner case. Under that rule, Murphy, Davis, and Della Pia must respond to the specified standard discovery requests within 120 days after service. Their responses must quote each discovery request verbatim.
Disposition
The court ordered the Clerk to issue summonses, complete the process forms, and deliver the necessary documents to the Marshals Service. The order did not reach the merits of Smith’s claims or determine liability.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.