Bright v. Irman Russo, Annucci
- Nelson Roman
- 7:18-cv-11111
- U.S. District Court · Southern District of New York
- 3
In Willie Bright v. Anthony Annucci, Judge Roman ordered Lieutenant Orazio Bucolo added and arranged service in Bright’s civil-rights case.
Willie Bright and Lieutenant Orazio Bucolo are directly affected. The order also directs the court clerk and the U.S. Marshals Service to take steps for service, and it concerns the other defendants in Bright’s federal civil-rights action.
What happened
Willie Bright v. Anthony Annucci, et al., is a civil-rights lawsuit brought by Bright without a lawyer under a federal law allowing claims against state officials. The court had previously directed officials to identify an unnamed correction officer involved in Bright’s complaint about a February 28, 2016 sexual assault.
After Bright provided more information, the New York Attorney General identified the officer as Lieutenant Orazio Bucolo. The court ordered the clerk to add Bucolo as a defendant and directed the U.S. Marshals Service to prepare and carry out service of the lawsuit.
Judge Nelson S. Roman also stated that Bright must ensure service is completed within 90 days after the summons is issued, request more time if needed, and notify the court of any address change.
The detailed version
- Bright v. Irman Russo, Annucci · No. 7:18-cv-11111
- Nelson Roman
- Mar. 13, 2020
Background
Willie Bright, proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. The opinion states that Bright originally sued Anthony Annucci and other defendants in a complaint filed on November 28, 2018. The court later allowed Bright to amend the complaint and add defendants, including “Russo,” additional unnamed defendants, and an unnamed female defendant.
The court previously required the New York State Attorney General to help identify the unnamed defendants. Earlier orders identified “Russo,” one unnamed defendant, and the unnamed female defendant as Irma Russo, Anthony Ruvo, and Charlene Cody. The Attorney General could not initially identify the correction officer who responded to Bright’s complaint about a sexual assault on February 28, 2016. The court directed Bright to provide more descriptive information, which he supplied on February 28, 2020. On March 9, 2020, the Attorney General identified the officer as Lieutenant Orazio Bucolo.
Order
The court ordered the clerk to add Lieutenant Orazio Bucolo as a defendant in the caption and docket. It also directed the clerk to prepare a U.S. Marshals Service Process Receipt and Return form for Bucolo, using the service address listed in the order: Green Haven Correctional Facility, 594 Rt. 216, Stormville, New York 12582.
The court further directed the clerk to issue a summons and provide the Marshals Service with the paperwork needed to serve Bucolo. The order did not state that service had already been completed. It stated that Bright is responsible for ensuring service within 90 days after the summons is issued and for requesting an extension if necessary. Bright must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Disposition and Effect
This was a supplemental service order, not a decision on whether Bright’s claims against Bucolo or any other defendant are legally valid. The court directed steps to identify and serve Bucolo and ordered that a copy of the order be mailed to Bright. Judge Nelson S. Roman signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.