Crumbsie v. Blake or Burke

Background

Spencer T. Crumbsie, who is incarcerated at Green Haven Correctional Facility and is proceeding without a lawyer, filed this action under 42 U.S.C. § 1983. He alleges that Officer Blake or Burke subjected him to sexual assault. The court had previously granted Crumbsie permission to proceed without prepaying filing fees.

Service of the lawsuit

Because Crumbsie was allowed to proceed without prepaying fees, the court stated that he may rely on the court and the U.S. Marshals Service to serve the defendant. The court instructed the clerk to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and deliver the necessary documents to the Marshals Service.

The court extended the usual service period so that the deadline is 90 days after the summons is issued. If the complaint is not served within that period, Crumbsie must request an extension of time. The court also instructed Crumbsie to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.

Discovery procedure and ruling

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered interrogatories and requests for documents. Officer Blake or Burke must serve responses to those standard requests within 120 days after service of the complaint and must quote each request verbatim in the responses.

The court ordered the clerk to issue the summons, prepare the service materials, and send the documents to the Marshals Service. It also ruled that Local Civil Rule 33.2 applies and directed the clerk to mail Crumbsie an information package. This order addressed service and case administration; it did not decide the merits of the sexual-assault allegation.