Crumbsie v. Warthwood

Background

Spencer T. Crumbsie, who was incarcerated and proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 against three correction officers at Elmira Correctional Facility. The opinion states that Crumbsie alleged the officers violated his constitutional rights. The court had previously granted permission for him to proceed without paying filing fees upfront, which entitled him to rely on the court and the U.S. Marshals Service to complete service of the lawsuit.

Crumbsie originally sued Officer Warthwood and two unidentified officers. The opinion states that Officer Warthwood was personally served on August 12, 2025. Crumbsie later filed, but did not serve, an amended complaint identifying officers as Lambert and Barbereiri. On September 2, 2025, the defendants notified the court that Officer Warthwood’s correct name was Jason Wharwood and that one unidentified officer’s name was Joseph Barbieri.

Court’s action

The court directed the Clerk of Court to correct Officer Warthwood’s name to Officer Jason Wharwood. It also instructed the Clerk to issue summonses for Correction Officers Jason Wharwood, Joseph Barbieri, and Lambert; complete the U.S. Marshals Service process forms with the defendants’ addresses; and deliver the required documents to the Marshals Service for service.

The court stated that if the amended complaint was not served within 90 days after summonses were issued, Crumbsie should request an extension of time. It also required Crumbsie to notify the court in writing if his address changed and warned that the action could be dismissed if he failed to do so. Judge Nelson S. Roman further directed the Clerk to mail Crumbsie a copy of the order and record that mailing on the docket. The order also states that Local Civil Rule 33.2 applies.