Herbert v. Jones
- Philip Halpern
- 7:25-cv-04578
- U.S. District Court · Southern District of New York
- 4
In Herbert v. Jones, Judge Halpern ordered U.S. Marshals service of Herbert’s civil-rights lawsuit and required defendants to answer standard discovery requests.
Jeremiah F. Herbert, the five named defendants, the Clerk of Court, and the U.S. Marshals Service. The defendants must respond to the specified discovery requests within 120 days after service of the complaint.
What happened
Jeremiah F. Herbert, who is incarcerated at Five Points Correctional Facility, filed Herbert v. Jones without a lawyer against B. Jones, Sgt. Romeo Riley, Sgt. Jayson George, Sgt. Alicia Johnson, and Correction Officer Sakaya Cameron. He asserts claims involving failure to protect him, excessive force, and failure to provide medical treatment.
The court had already allowed Herbert to proceed without paying filing fees in advance. It directed the Clerk of Court to issue summonses and send the necessary papers to the U.S. Marshals Service so the Marshals could serve the defendants. The court also said that Local Civil Rule 33.2 applies, requiring defendants to respond to specified discovery requests within 120 days after service.
Judge Philip M. Halpern ordered the Clerk to prepare the service documents and mail Herbert a copy of the order and an information package. The order addressed service and discovery procedures; it did not decide whether Herbert’s claims were legally or factually valid.
The detailed version
- Herbert v. Jones · No. 7:25-cv-04578
- Philip Halpern
- July 1, 2025
Background
Jeremiah F. Herbert, who is incarcerated at Five Points Correctional Facility, brought this action under 42 U.S.C. § 1983 without a lawyer. He asserts claims for failure to protect, excessive force, and failure to provide medical treatment against B. Jones, Sgt. Romeo Riley, Sgt. Jayson George, Sgt. Alicia Johnson, and Correction Officer Sakaya Cameron.
The court had granted Herbert permission to proceed without prepaying filing fees. The opinion notes that prisoners must still pay the full filing fee over time under 28 U.S.C. § 1915(b)(1).
Service of Process
Because Herbert 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 Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and deliver the necessary paperwork to the Marshals Service.
The court stated that service must occur within 90 days after the summonses are issued. If service is not completed within that period, Herbert should request an extension of time. The court also directed Herbert to notify the court in writing if his address changes and stated that the action could be dismissed if he fails to do so.
Discovery Requirement
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to court-ordered standard interrogatories and document requests. The defendants must serve their responses within 120 days after service of the complaint and must quote each discovery request verbatim in their responses.
Disposition
Judge Philip M. Halpern ordered the Clerk to issue summonses for B. Jones, Sgt. Romeo Riley, Sgt. Jayson George, Sgt. Alicia Johnson, and Correction Officer Sakaya Cameron; complete the service forms with each defendant’s address; and send the service materials to the U.S. Marshals Service. The Clerk was also directed to mail Herbert a copy of the order and an information package. The court confirmed that Local Civil Rule 33.2 applies to the case. This order did not decide the merits of Herbert’s § 1983 claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.