Hernandez v. Capra
- Laura Swain
- 7:25-cv-02621
- U.S. District Court · Southern District of New York
- 4
In Hernandez v. Capra, Judge Roman ordered the U.S. Marshals Service to serve the defendant and applied a prisoner-discovery rule.
Anthony Hernandez, who must keep the court informed of address changes and may rely on the U.S. Marshals Service for service; Michael Capra, who must be served and respond to the required discovery requests; and the Clerk of Court and U.S. Marshals Service, which must carry out the service instructions.
What happened
In Hernandez v. Capra, Anthony Hernandez, who is incarcerated and representing himself, alleges that Michael Capra violated his constitutional rights during Hernandez’s incarceration at Sing Sing Correctional Facility. The court had already allowed Hernandez to proceed without paying court fees in advance.
The court ordered the Clerk of Court to issue a summons, prepare the required service form, and send the documents to the U.S. Marshals Service. It extended the service deadline to 90 days after the summons is issued. The court also ruled that Local Civil Rule 33.2 applies, requiring the defendant to respond to specified discovery requests within 120 days after service.
Judge Nelson S. Roman issued the order of service on July 30, 2025. The order did not decide whether Hernandez’s constitutional-rights allegations are valid.
The detailed version
- Hernandez v. Capra · No. 7:25-cv-02621
- Laura Swain
- July 30, 2025
Background
Anthony Hernandez, who is incarcerated at Wende Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that Michael Capra, identified as the superintendent of Sing Sing Correctional Facility, violated Hernandez’s constitutional rights during Hernandez’s incarceration at Sing Sing.
The court had previously granted Hernandez permission to proceed without prepaying filing fees. The opinion explains that incarcerated people must still pay the full filing fee over time even when granted that permission.
Service of the Complaint
Because Hernandez was allowed to proceed without prepaying fees, he could rely on the court and the U.S. Marshals Service to serve Capra. The court extended the usual 90-day service period because Hernandez could not arrange service until the court reviewed the complaint and ordered a summons. The deadline is 90 days after the summons is issued.
The Clerk of Court was instructed to issue a summons for Capra, complete a U.S. Marshals Service Process Receipt and Return form using Capra’s address, and send the necessary papers to the Marshals Service. The court stated that Hernandez should request more time if the complaint is not served within 90 days after the summons is issued. Hernandez must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he does not 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 specified interrogatories and requests for production of documents. The defendant must serve responses to those standard 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, prepare the service materials, and deliver them to the U.S. Marshals Service. It also ruled that Local Civil Rule 33.2 applies and directed the Clerk to mail Hernandez an information package. The order addressed service and discovery procedures; it did not decide the merits of Hernandez’s constitutional-rights allegations.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.