Sabino v. Department of Corrections and Community Supervision
- Nelson Roman
- 7:19-cv-07268
- U.S. District Court · Southern District of New York
- 3
In Sabino v. Department of Corrections and Community Supervision, Judge Roman identified defendants and ordered paperwork for U.S. Marshals service.
Daniel Sabino, Christopher McFarlane, Curtis Murphy, Leroy Fields, and the court docket were affected. The order also directed the U.S. Marshals Service to assist with service.
What happened
In Sabino v. Department of Corrections and Community Supervision, the court received information identifying the correction officers previously listed as John Does 1–3 and identifying Leroy Fields as the current Fishkill superintendent.
The court instructed the clerk to prepare service forms and summonses so the U.S. Marshals Service could serve Christopher McFarlane, Curtis Murphy, and Leroy Fields. It also directed the clerk to update the case caption, replacing Robert Cunningham with Fields and replacing John Does 1–3 with McFarlane and Murphy.
Judge Roman stated that Sabino was responsible for ensuring service within 90 days after the summonses were issued and for notifying the court of any address change. The order addressed service and case records, not the merits of Sabino’s claims.
The detailed version
- Sabino v. Department of Corrections and Community Supervision · No. 7:19-cv-07268
- Nelson Roman
- Nov. 18, 2019
Background
The court had previously issued an order seeking information about defendants identified in Sabino’s complaint by placeholder names. Defendants’ counsel responded that the John Doe correction officers were Christopher McFarlane and Curtis Murphy. Counsel also reported that Robert Cunningham had retired from the New York State Department of Corrections and Community Supervision in October 2018, and that Leroy Fields was the superintendent of Fishkill Correctional Facility in October 2018 and thereafter.
Service Instructions
To allow service through the U.S. Marshals Service, the court instructed the clerk to complete process-receipt forms for McFarlane, Murphy, and Fields, issue summonses, and provide the Marshals Service with the necessary paperwork. The order listed Fishkill Correctional Facility as the service address for all three defendants.
The court stated that Sabino was responsible for making sure service occurred within 90 days after the summonses were issued and for requesting more time if necessary. It also required Sabino to notify the court in writing of any address change and warned that the action could be dismissed if he failed to do so.
Caption Changes and Disposition
The court ordered the clerk to change the docket and case caption by substituting Leroy Fields for the superintendent defendant and terminating John Does 1–3 while adding Correction Officers Christopher McFarlane and Curtis Murphy. Judge Nelson S. Roman’s order concerned identifying defendants and arranging service; it did not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.