Funderburk v. Baronnette

Background

Lance Miles Funderburk, who was incarcerated at Clinton Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, alleging that the defendants violated his constitutional rights. He prepaid the filing fees. The opinion does not describe the underlying constitutional allegations in detail.

Screening standard

The court explained that it must dismiss a prisoner complaint, or part of one, if it is frivolous, malicious, fails to state a legally sufficient claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction. The court also stated that it must read a complaint filed without a lawyer liberally and interpret it to raise the strongest claims suggested by the allegations.

Service on Baronnette and Smith

The court directed the Clerk of Court to notify the New York City Department of Correction and the New York City Law Department. The court requested that Correction Officer Baronnette, #7739, and Correction Officer Smith, #6078, waive service of the summons. A waiver would avoid the need for formal personal service, but the opinion describes this as a request rather than an order requiring them to waive service.

Identifying and serving “Charles”

The complaint identified a medical employee at the Metropolitan Detention Center with the last name “Charles,” who saw Funderburk on February 8, 2019. Applying the rule that a court may help a self-represented litigant identify an unnamed defendant, the court ordered the New York City Law Department to determine Charles’s full name and service address and provide that information to Funderburk and the court within 60 days of the order.

Within 30 days after receiving that information, Funderburk must file an amended complaint using Charles’s full name. The amended complaint will replace the original complaint rather than supplement it. After the amended complaint is filed, the court will screen it and, if necessary, direct the Clerk to issue a summons for Charles.

Prisoner discovery

The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in their responses.

Request for volunteer counsel

Funderburk asked for pro bono counsel, meaning a lawyer willing to represent him without charging him. The court explained that it may request volunteer representation but cannot appoint a lawyer in a civil case under the statute discussed in the opinion. Because the case was at an early stage and the court could not yet assess its merits, it denied the request for counsel without prejudice to renewal later.

Disposition

The order denied the request for pro bono counsel without prejudice to renewal, applied Local Civil Rule 33.2, requested waiver of service for Baronnette and Smith, and directed the Law Department to identify and provide service information for Charles. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal from this order. Judge Andrew L. Carter, Jr. signed the order.