Rivera v. Annucci
- Nelson Roman
- 7:19-cv-10425
- U.S. District Court · Southern District of New York
- 3
In Rivera v. Annucci, Judge Roman ordered Marshals to serve newly identified defendant Jhandry Zevallos and set a 90-day service responsibility.
Albert Rivera and defendant Jhandry Zevallos; the Clerk of Court and U.S. Marshals Service were also directed to take steps concerning service.
What happened
In Rivera v. Annucci, Albert Rivera, representing himself, sued New York corrections officials and employees, including a correction officer originally identified as John Doe.
The New York Attorney General’s Office identified the John Doe officer as Jhandry Zevallos, and Rivera filed an amended complaint naming him as a defendant. The court had already arranged service on four other defendants through the U.S. Marshals Service.
Judge Nelson S. Roman directed the Clerk to issue a summons and provide the necessary papers so the Marshals Service could serve Zevallos. Rivera was responsible for ensuring service within 90 days after the summons was issued or requesting more time if needed.
The detailed version
- Rivera v. Annucci · No. 7:19-cv-10425
- Nelson Roman
- Mar. 4, 2020
Background
Albert Rivera, proceeding without a lawyer, brought this action against New York State Department of Corrections and Community Supervision Commissioner Anthony Annucci, Green Haven Correctional Facility Superintendent M. Royce, Deputy Superintendent of Security A. Russo, Correction Officer T. Ott, and a correction officer initially identified as John Doe.
The court’s December 5, 2019 order allowed Rivera to serve Annucci, Royce, Russo, and Ott through the U.S. Marshals Service. The opinion states that service on those four defendants was completed on January 14, 2020.
The same order directed the New York State Office of the Attorney General to determine the identity and badge number of the John Doe correction officer. The Office reported that the officer was Jhandry Zevallos. Rivera then filed an amended complaint naming Zevallos on March 3, 2020.
Order
The court instructed the Clerk to complete a U.S. Marshals Service Process Receipt and Return form, issue a summons, and provide the Marshals Service with the paperwork needed to serve Zevallos at Green Haven Correctional Facility. The court also directed the Clerk to mail Rivera a copy of the order and record proof of mailing on the docket.
The order stated that Rivera was responsible for ensuring service within 90 days after the summons was issued and, if necessary, requesting an extension of time. The opinion does not decide the underlying claims or determine whether any defendant is liable.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.