Jenkins v. Annucci
- Clarke
- 7:25-cv-07478
- U.S. District Court · Southern District of New York
- 5
In Terrell Jenkins v. Anthony Annucci, Judge Clarke ordered service of Jenkins’s civil-rights claims and procedures to identify two unnamed defendants.
Terrell Jenkins; the named defendants Anthony Annucci, Michael Capra, Sergeant Alvarado, R. Franklin, and J. Reyes; the two unnamed Sing Sing supervisory defendants; the New York State Attorney General; the Clerk of Court; and the U.S. Marshals Service.
What happened
Terrell Jenkins v. Anthony Annucci concerns Jenkins’s claims under a federal civil-rights law that officials were deliberately indifferent and used excessive force in violation of the Eighth Amendment. Jenkins, who is incarcerated and representing himself, said the events occurred on October 13, 2022, at Sing Sing Correctional Facility. The court had already allowed him to proceed without paying the filing fee up front.
The court ordered the Clerk to issue summonses and send the necessary papers to the U.S. Marshals Service for Anthony Annucci, Michael Capra, Sergeant Alvarado, and Correction Officers R. Franklin and J. Reyes. The New York State Attorney General must identify the two unnamed supervisory defendants and provide their service addresses within 60 days. Jenkins must then file an amended complaint naming them within 30 days after receiving that information.
Judge Clarke also ordered standard prisoner-case discovery responses within 120 days after the complaint is served and warned Jenkins to notify the court of any address change. The order addressed service, identifying unnamed defendants, and discovery; it did not decide whether Jenkins’s claims are legally or factually correct.
The detailed version
- Jenkins v. Annucci · No. 7:25-cv-07478
- Clarke
- Sept. 16, 2025
Background
Terrell Jenkins, who is incarcerated at Eastern Correctional Facility and is representing himself, brought claims under 42 U.S.C. § 1983. He alleges deliberate indifference and excessive force in violation of the Eighth Amendment arising from events on October 13, 2022, at Sing Sing Correctional Facility. The court had previously granted Jenkins permission to proceed without prepaying filing fees.
Service on Named Defendants
Because Jenkins was allowed to proceed without prepaying fees, the court ordered assistance from the Clerk and the U.S. Marshals Service in serving the complaint. The Clerk was directed to issue summonses, complete service forms, and provide the Marshals Service with the documents needed to serve Anthony Annucci, Michael Capra, Sergeant Alvarado, and Correction Officers R. Franklin and J. Reyes.
The order states that service must occur within 90 days after the summonses are issued. If service is not completed by then, Jenkins should request an extension. Jenkins must also notify the court in writing if his address changes; the court stated that failure to do so may result in dismissal of the action.
Unnamed Defendants
Jenkins provided enough information for the New York State Department of Corrections and Community Supervision to identify the Deputy Superintendent for Security and the Deputy Superintendent for Administration at Sing Sing Correctional Facility on October 13, 2022. The New York State Attorney General was ordered to determine the identities and service addresses of those unnamed defendants within 60 days of the order and provide that information to Jenkins and the court.
Within 30 days after receiving the information, Jenkins must file an amended complaint naming the defendants. The amended complaint will replace, rather than supplement, the original complaint. The court stated that it will screen the amended complaint and, if necessary, issue further service instructions.
Discovery and Disposition
The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must serve responses to the specified standard discovery requests within 120 days after service of the complaint, quoting each request verbatim in their responses.
Judge Jessica G. L. Clarke ordered the Clerk to issue summonses for the named defendants, send the complaint and order to the New York State Attorney General, and mail Jenkins an information package and an amended prisoner civil-rights complaint form. This was an order concerning service, identification of unnamed defendants, and discovery; the opinion does not state that the court decided the merits of Jenkins’s allegations.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.