Johnson v. Thomas

Background

Sheldon P. Johnson filed a civil-rights complaint under 42 U.S.C. § 1983 without a lawyer, alleging that the defendants violated his rights while he was incarcerated at Sing Sing Correctional Facility. The court had allowed him to proceed without paying court fees in advance. Because he was proceeding without paying those fees, he could rely on the court and the U.S. Marshals Service to serve process.

The court had previously ordered service on several defendants. Michael Capra was the only defendant served as of the date of this order. The New York State Attorney General identified three previously unnamed defendants—Jasmin Soto, Sheryl Davis, and Jessica Reyes—but could not identify John Doe #1. Johnson identified that person as V. Marsico. The court also allowed Johnson to amend his complaint to add Marsico, Soto, Davis, Reyes, and Correctional Sergeant Mark Larsen. Johnson filed his amended complaint on June 11, 2025.

Service Ruling

The court ordered the Clerk of Court to issue summonses for Soto, Davis, Reyes, Marsico, Larsen, and Latisha Jackson. The Clerk must complete a U.S. Marshals Service Process Receipt and Return form for each defendant and provide the Marshals Service with the documents needed to serve them. The court also corrected an earlier mistake that had identified Latisha Johnson instead of Latisha Jackson.

The court explained that service must occur within 90 days after the summons is issued. If service is not completed within that period, Johnson should request an extension. Johnson must also notify the court in writing if his address changes; the order states that the court may dismiss the action if he fails to do so. The court directed that a copy of the order and an information package be mailed to Johnson.