Gunn v. Annucci

Background

Darrell Gunn, who was incarcerated at Sing Sing Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that Anthony J. Annucci, identified as Acting Commissioner, and Thomas R. Griffin, identified as Superintendent, violated his rights while he was incarcerated at Green Haven Correctional Facility. The opinion does not describe the specific alleged violations.

The court had previously allowed Gunn to proceed without paying court fees in advance. The court noted that prisoners remain responsible for paying the full filing fee even when granted that permission.

Service of the lawsuit

Because Gunn was permitted to proceed without paying fees in advance, he could rely on the court and the U.S. Marshals Service to serve the defendants. Federal procedural rules generally require service within 90 days after filing the complaint, but the court explained that Gunn could not serve the summonses and complaint until the court reviewed the complaint and ordered the summonses issued.

The court therefore extended the service period to 90 days after the summonses are issued. It stated that Gunn should request more time if service is not completed within that period. The court also directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and send the necessary paperwork to the Marshals Service.

Other instructions and ruling

Gunn must notify the court in writing if his address changes. The court warned that the action may be dismissed if he fails to do so. The Clerk of Court was directed to mail Gunn a copy of the order and an information package.

Judge Philip M. Halpern certified under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith. The court therefore denied permission to proceed without paying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide the merits of Gunn’s underlying claims.