Duffie v. Tiburcioruiz

Background

Douglas Duffie, who is incarcerated at Upstate Correctional Facility and is proceeding without a lawyer, brought an action under 42 U.S.C. § 1983 alleging that C.O. Jhon Tiburcioruiz subjected him to excessive force. In an order dated July 23, 2025, the court allowed Duffie to proceed without prepaying filing fees.

Service of Process

Because Duffie 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 Tiburcioruiz. The Clerk of Court was directed to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary papers to the Marshals Service. The opinion lists the defendant’s service address as Sing Sing Correctional Facility, 354 Hunter Street, Ossining, New York 10562.

The court stated that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Duffie should request an extension of time. Duffie must also notify the court in writing if his address changes; the court stated that it may dismiss the action 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 answer specified court-ordered discovery requests. The defendant must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in the responses.

Disposition

The court ordered the Clerk to issue the summons, complete the service form, and send the service materials to the Marshals Service. It also directed the Clerk to mail Duffie an information package and stated that Local Civil Rule 33.2 applies. The order addressed service and discovery procedures; it did not decide the merits of Duffie’s excessive-force claim.