Brown v. Annucci
- Vincent Briccetti
- 7:19-cv-09048
- U.S. District Court · Southern District of New York
- 5
In Brown v. Annucci, Judge Briccetti corrected a defendant’s identity, ordered service steps, and required identification of another John Doe defendant.
Byron K. Brown, Carlos J. Rodriguez, David O. Rodriguez, the remaining unidentified John Doe defendant, the New York State Attorney General’s Office, the clerk of court, and the U.S. Marshals Service.
What happened
In Brown v. Annucci, Byron K. Brown, who is representing himself, alleged that the defendants violated his constitutional rights. The case included two unidentified correction officers, one called “Rodriguez” John Doe.
Brown said the correct “Rodriguez” defendant was Sing Sing Correction Officer Carlos J. Rodriguez, not David O. Rodriguez. The court directed the clerk to remove David O. Rodriguez, add Carlos J. Rodriguez, and send the necessary papers to the U.S. Marshals Service for service. The court also ordered the New York State Attorney General’s Office to identify the remaining John Doe defendant and provide that person’s badge number and service address.
Judge Vincent L. Briccetti issued the third amended order of service on January 22, 2020. The court also stated that any appeal from the order would not be taken in good faith and denied permission to proceed without paying filing fees for an appeal.
The detailed version
- Brown v. Annucci · No. 7:19-cv-09048
- Vincent Briccetti
- Jan. 22, 2020
Background
Byron K. Brown, proceeding without a lawyer and without prepaying filing fees, brought constitutional claims against Anthony Annucci and other named and unidentified defendants. The court had previously ordered service on the identified defendants and directed the New York State Attorney General’s Office to determine the identities of two correction officers identified as John Doe and “Rodriguez” John Doe.
The Attorney General’s Office identified “Rodriguez” John Doe as Sing Sing Correction Officer David O. Rodriguez. Brown then notified the court that this identification was incorrect and that the proper defendant was Sing Sing Correction Officer Carlos J. Rodriguez. Brown also gave a physical description of the remaining John Doe defendant, including an approximate height and weight, Hispanic ethnicity, and dark brown hair.
Court’s Actions
The court directed the clerk to terminate David O. Rodriguez from the docket and add Carlos J. Rodriguez as a defendant. It directed the clerk to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the documents needed to serve Carlos J. Rodriguez. The order states that Brown was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension if necessary.
The court ordered the New York State Attorney General’s Office to determine the identity and badge number of the remaining John Doe defendant and the address where that defendant could be served. The office was required to provide that information to Brown and the court by February 12, 2020.
Conclusion
Judge Vincent L. Briccetti issued the third amended order of service and directed the clerk to mail a copy to Brown. The court certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying filing fees for purposes of an appeal. The order addressed identification and service of defendants; it did not decide the merits of Brown’s constitutional claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.