Milton v. Rehman

Background

Robert Milton, who is incarcerated at Eastern Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violations of federal rights. He alleges that corrections officers violated his federal constitutional rights. An earlier order allowed him to proceed without paying the court’s filing costs in advance, so the U.S. Marshals Service could serve the defendants.

Identification of Defendant

In response to an order asking for information about unidentified defendants, the New York State Attorney General’s Office identified the John Doe corrections officers and John Doe sergeant involved in the incident described in Milton’s complaint. The court then allowed Milton to view photographs to identify the remaining unidentified officer. On February 24, 2020, Milton filed a second amended complaint naming Officer Leon Lowe.

Order

Judge Ona T. Wang directed the Clerk of Court to issue a summons for Lowe, prepare the required service paperwork, and deliver it to the U.S. Marshals Service. The opinion lists Lowe’s service address as Sing Sing Correctional Facility, 354 Hunter Street, Ossining, New York 10562.

Under Federal Rule of Civil Procedure 4(m), Milton must complete service of the summons and complaint within 90 days after the summons is issued. The order states that Milton must ensure timely service or request an extension if needed. The order concerns service of process only; it does not decide the merits of Milton’s constitutional claims.