Perkins Jr. v. Lopez
- Laura Swain
- 7:25-cv-03955
- U.S. District Court · Southern District of New York
- 12
In Timmy L. Perkins Jr. v. C.O. Lopez, Judge Roman ordered service and denied counsel without prejudice.
Timmy L. Perkins Jr.; Correctional Officer Lopez, Sergeant Gregory Yahm, Lieutenant F. Carbone, and Superintendent M. Daye; the unidentified Fishkill nurse called “Nurse Doe”; the New York State Attorney General; the Clerk of Court; and the U.S. Marshals Service.
What happened
Timmy L. Perkins Jr. v. C.O. Lopez, et al. is a lawsuit by Timmy L. Perkins Jr., who is incarcerated at Fishkill Correctional Facility and is representing himself. He claims that the defendants violated his federal constitutional rights under a federal civil-rights law and seeks money and court-ordered relief. He names four identified Fishkill employees and an unidentified nurse as defendants.
The court directed the U.S. Marshals Service to serve Correctional Officer Lopez, Sergeant Gregory Yahm, Lieutenant F. Carbone, and Superintendent M. Daye. It also ordered those defendants to answer specific discovery requests. The New York State Attorney General must identify the nurse and provide a service address, after which Perkins must file an amended complaint naming that person.
Judge Nelson S. Roman denied Perkins’s request for the court to seek a volunteer lawyer, but allowed him to submit another request later. The order directs the case forward through service and identification of the nurse; it does not decide whether Perkins’s constitutional claims are valid.
The detailed version
- Perkins Jr. v. Lopez · No. 7:25-cv-03955
- Laura Swain
- Aug. 11, 2025
Background
Timmy L. Perkins Jr. filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that permits certain constitutional claims against state actors. He seeks damages and injunctive relief. The defendants are Fishkill Correctional Officer Lopez, Correctional Sergeant Gregory Yahm, Correctional Lieutenant F. Carbone, an unidentified Fishkill nurse referred to as “Nurse Doe,” and Fishkill Superintendent M. Daye. The opinion states that Perkins is incarcerated at Fishkill Correctional Facility.
The court had previously granted Perkins permission to proceed without prepaying filing fees. This order addresses service of the complaint, discovery obligations, identification of Nurse Doe, and Perkins’s request for the court to seek volunteer legal counsel. It does not decide the merits of the constitutional claims.
Service and discovery
Because Perkins was allowed to proceed without prepaying filing fees, the court directed the Clerk of Court to issue summonses and complete service forms for Lopez, Yahm, Carbone, and Daye. The Clerk must provide the necessary documents to the U.S. Marshals Service so it can serve the summonses and complaint.
If service is not completed within 90 days after the summonses are issued, Perkins should request more time. The court also stated that Perkins 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. Under that rule, Lopez, Yahm, Carbone, and Daye must serve responses to specified interrogatories and document requests within 120 days after service of the summons and complaint, quoting each request word for word in their responses.
Identification of Nurse Doe
The complaint gave enough information for the New York State Department of Corrections and Community Supervision to identify Nurse Doe as the Fishkill nurse who questioned Perkins in the facility’s infirmary or medical clinic on or about January 7, 2025. The court ordered the New York State Attorney General, as the attorney for and agent of that department, to provide Nurse Doe’s identity and service address to Perkins and the court within 60 days.
Within 30 days after receiving that information, Perkins must file an amended complaint naming the newly identified defendant and providing the person’s service address. The amended complaint will replace, rather than add to, the original complaint. The court will then screen the amended complaint and, if needed, issue another service order.
Request for volunteer counsel
The court denied Perkins’s application for the court to request volunteer legal counsel without prejudice, meaning he may file another such application later in this action. The court considered the factors relevant to such a request, including the apparent merits of the case, efforts to obtain a lawyer, and the litigant’s ability to investigate and present the case without assistance. It explained that the case was too early for the court to assess the merits.
Disposition
The court directed service on Lopez, Yahm, Carbone, and Daye; ordered those defendants to comply with Local Civil Rule 33.2; directed the Attorney General to identify and locate Nurse Doe; and denied Perkins’s request for the court to seek volunteer counsel without prejudice.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.