Hall v. Annucci

Background

Ralph Hall, proceeding without a lawyer, brought this action under 42 U.S.C. § 1983, alleging violations of his Eighth Amendment rights. The opinion states that Hall was incarcerated at Green Haven Correctional Facility. The court had previously allowed him to proceed without prepaying filing fees and had ordered service on the originally named defendants.

The court directed the New York Attorney General to help identify unnamed defendants and provide their service addresses. The Attorney General identified Donna Heitz, Deborah MacDonald, Nicole Walsh, Aileen McCarthy, and Christopher Stewart. The opinion states that Stewart was deceased, and Hall’s second amended complaint named each newly identified person except Stewart.

Ruling

The court directed the Clerk of Court to complete U.S. Marshals Service process forms for Heitz, MacDonald, Walsh, and McCarthy. It also directed the Clerk to issue summonses and provide the necessary papers to the U.S. Marshals Service so those four defendants could be served.

The court explained that service generally must be completed within 90 days after a summons is issued and that Hall was responsible for requesting an extension if needed. It also stated that Hall must notify the court in writing if his address changes and that the action could be dismissed if he failed to do so.

Judge Kenneth M. Karas further certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. This order addressed service and appeal-fee status; it did not decide the merits of Hall’s Eighth Amendment claims.