Batson v. Kellogg

Background

David Batson, who is currently held at the Westchester County Jail, filed this action without a lawyer against Westchester County Jail Correction Officer Gary Kellogg, identified in the caption as Officer Gary Kellogg, OFC #2059. Batson seeks damages and asserts federal constitutional and other claims. The court construed the complaint as asserting claims under 42 U.S.C. § 1983, a federal civil-rights statute, and New York state law.

The court had previously granted Batson permission to proceed without prepaying filing fees. Because Batson is proceeding under that permission, the court explained that he may rely on the court and the United States Marshals Service to serve Kellogg.

Court’s Orders

The court directed the Clerk of Court to issue a summons for Kellogg, complete a United States Marshals Service process form, and provide the Marshals Service with the documents needed to serve the summons and complaint. The court stated that service must occur within 90 days after the summons is issued. If service does not occur within that period, Batson should request an extension of time. The court also stated that Batson must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

The court determined that Local Civil Rule 33.2 applies. That rule requires certain defendants in prisoner actions to respond to specified court-ordered discovery requests. The court directed Kellogg to serve responses to those requests within 120 days after service of the summons and complaint, and to quote each request verbatim in his responses. The court also directed the Clerk to mail Batson an information package.

Disposition and Scope

This was an order concerning service of process and discovery procedures. The court did not decide the merits of Batson’s constitutional or state-law claims and did not rule on whether Kellogg violated any law.