Gunn v. Ayala

Background

Darrell Gunn, who was incarcerated at Sing Sing Correctional Facility when the order was issued, filed a self-represented action under 42 U.S.C. § 1983 against Correction Officer Ayala. Gunn alleged that Ayala violated his federal constitutional rights. The opinion states that the events underlying the claim occurred while Gunn was incarcerated at Green Haven Correctional Facility. The opinion does not provide further details about the alleged conduct.

The court had previously granted Gunn permission to proceed without prepaying court fees. This status requires the court and the U.S. Marshals Service to handle service of process—the formal delivery of the summons and complaint to the defendant.

Service Order

The court explained that Gunn could not have served the summons and complaint before the court reviewed the complaint and issued a summons. It therefore extended the service period to 90 days after the summons is issued. If service is not completed within that period, Gunn must request an extension of time.

The Clerk of Court was directed to complete the U.S. Marshals Service Process Receipt and Return forms, issue a summons, and provide the Marshals Service with the documents and address information needed to serve Correction Officer Ayala at Green Haven Correctional Facility. Gunn was also required to notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.

Discovery and Disposition

The court stated that Local Civil Rule 33.2 applies to the action. Under that rule, defendants must respond to specified prisoner-case discovery requests within 120 days after service of the complaint and must quote each request verbatim in their responses. The Clerk was directed to mail Gunn a copy of the order and an information package. The order did not resolve the merits of Gunn’s constitutional claims; it directed service and established related case procedures.