Rivera v. Annucci
- Nelson Roman
- 7:19-cv-10425
- U.S. District Court · Southern District of New York
- 12
In Rivera v. Annucci, Judge Roman ordered service and John Doe identification, applied prisoner discovery rules, and denied counsel without prejudice.
Albert Rivera, the named defendants Anthony Annucci, M. Royce, A. Russo, and T. Ott, the unnamed John Doe correction officer, the New York Attorney General, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Rivera v. Annucci, Albert Rivera, who was incarcerated at Green Haven Correctional Facility and represented himself, sued officials and officers under a federal civil-rights law, alleging constitutional violations. The court had already allowed him to proceed without paying court fees in advance.
The court directed the Clerk and U.S. Marshals Service to serve T. Ott, Anthony Annucci, M. Royce, and A. Russo. It directed the New York Attorney General to identify the unnamed correction officer, and required Rivera to file a replacement complaint naming that person after receiving the information.
Judge Nelson S. Roman denied Rivera’s request for volunteer counsel without prejudice, meaning he may renew the request later. The court also applied the prisoner discovery rule, required defendants to respond to standard discovery requests, and denied permission to appeal without prepaying fees.
The detailed version
- Rivera v. Annucci · No. 7:19-cv-10425
- Nelson Roman
- Dec. 5, 2019
Background
Albert Rivera, who was incarcerated at Green Haven Correctional Facility, filed a self-represented action under 42 U.S.C. § 1983, alleging violations of his constitutional rights. The court had previously allowed him to proceed without prepaying the filing fee. The opinion does not describe the specific constitutional violations alleged.
Screening and Service
The court explained that it must dismiss a prisoner complaint, or part of one, if it is frivolous, malicious, fails to state a legally valid claim, seeks money from an immune defendant, or falls outside the court’s subject-matter jurisdiction. The court also said that self-represented filings must be read liberally.
Because Rivera was allowed to proceed without prepaying fees, the court directed the Clerk to prepare service forms and issue summonses for Correction Officer T. Ott, Department of Corrections and Community Supervision Commissioner Anthony Annucci, Green Haven Superintendent M. Royce, and Deputy Superintendent of Security A. Russo. The court directed the U.S. Marshals Service to serve those defendants. It extended the service deadline to 90 days after the summons is issued and stated that Rivera should request more time if service is not completed by then.
The court found that Rivera had provided enough information to permit identification of the unnamed correction officer who was on duty with T. Ott at Green Haven’s C & D recreation yard at about 6:40 p.m. on October 11, 2019. It ordered the New York Attorney General to provide the officer’s identity, badge number, and service address to Rivera and the court within 60 days. Within 30 days after receiving that information, Rivera must file an amended complaint naming the officer. The amended complaint will replace, rather than supplement, the original complaint, after which the court will screen it and, if necessary, direct service.
Request for Counsel
Rivera asked the court to request volunteer legal representation. The court stated that it was too early to assess the merits of the case and therefore denied without prejudice his request for pro bono counsel. The court terminated the motion at Electronic Court Filing No. 3.
Discovery and Other Directives
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified discovery requests. The defendants must serve responses to those requests within 120 days after service of the complaint and must quote each request verbatim in their responses.
The court directed the Clerk to mail Rivera a copy of the order and an information package, and to send the order and complaint to the New York Attorney General. It certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Disposition
The order directed service on four named defendants, required assistance in identifying and serving the John Doe defendant, applied Local Civil Rule 33.2, and denied without prejudice Rivera’s request for pro bono counsel. It did not decide the ultimate merits of Rivera’s constitutional claims.
Read the full 12-page opinion on CourtListener, the free public archive maintained by the Free Law Project.