Gayot v. Correctional Officer Curet

Background

Andrew Gayot brought this action without a lawyer. The opinion states that he was incarcerated at Auburn Correctional Facility and asserted claims under 42 U.S.C. § 1983, a federal civil-rights statute, alleging that Correctional Officer C.D. Curet used excessive force in violation of the Eighth Amendment. The alleged incident occurred in March 2024 at Green Haven Correctional Facility. The defendants identified in the service portion of the order are Correctional Officer C.D. Curet and Green Haven Correctional Facility Superintendent Mark Miller.

The court had previously granted Gayot permission to proceed without prepaying filing fees. The order notes that incarcerated plaintiffs must still pay the full filing fee over time under the applicable statute.

Service of the lawsuit

Because Gayot was permitted to proceed without prepaying fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service process receipt and return form for each defendant, issue summonses, and give the Marshals Service the documents needed to serve the defendants. The court extended the service period so that the 90-day period runs from the date the summonses are issued, rather than from the date the complaint was filed.

The order states that Gayot should request an extension of time if the complaint is not served within those 90 days. It also requires him to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specified interrogatories and requests for documents. The defendants must serve their responses within 120 days after service of the complaint and must quote each request word for word in their responses. The Clerk was also directed to mail Gayot an information package, and the order states that he may request copies of the discovery requests from the Pro Se Intake Unit if he cannot access them online.

Ruling and classification

Judge Philip M. Halpern ordered the Clerk to issue the summonses, complete the service forms, and provide the necessary documents to the U.S. Marshals Service. The court also ruled that Local Civil Rule 33.2 applies. This was a procedural order addressing service and discovery; it did not decide the merits of Gayot’s excessive-force claims.