Rivera v. Ramirez

Background

Gamalier Rivera, who is incarcerated at Sing Sing Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state officials for violating constitutional rights. The opinion states that Rivera alleges the defendants violated his federal constitutional rights.

The court previously allowed Rivera to proceed without paying court fees before the case began. The opinion notes that prisoners still must pay the full filing fee, even when they receive that permission. In an earlier order, the court directed service-related steps for defendants Michelle and Kopp and dismissed the claims against the State of New York. On November 12, 2025, Rivera filed an amended complaint adding Mario Ramirez, Stephen Lacika, Miguel Nin, M. Ochs, and Avwurhi Akarumeh as defendants.

Service of the Amended Complaint

Because Rivera was allowed to proceed without paying fees upfront, he could rely on the court and the U.S. Marshals Service to serve the amended complaint. The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Ramirez, Lacika, Nin, Ochs, and Akarumeh, issue summonses, and deliver the necessary documents to the Marshals Service.

The court stated that service must occur within 90 days after a summons is issued. If service is not completed within that period, Rivera should request more time. The order explains that, because Rivera is proceeding without paying fees upfront, the service period runs from the date the summonses are issued rather than from the date the amended complaint was filed.

Discovery Requirements and Disposition

The court held that Local Civil Rule 33.2 applies to this prisoner case. That rule requires certain defendants to answer specified court-ordered discovery requests. Ramirez, Lacika, Nin, and Ochs must serve responses to the standard interrogatories and document requests within 120 days after service. Their responses must quote each discovery request word for word. The order does not impose that stated discovery-response requirement on Akarumeh.

Judge Cathy Seibel ordered the Clerk to issue the summonses, complete the service forms, and send the documents needed for service to the U.S. Marshals Service. This order addresses service and discovery procedures; the opinion does not decide whether Rivera’s constitutional allegations are valid.