Houston v. Capra
- Vincent Briccetti
- 7:20-cv-02135
- U.S. District Court · Southern District of New York
- 4
In Houston v. Capra, Judge Briccetti ordered service on Lieutenant Perkins through Marshals and denied permission to appeal without prepaying fees.
Tyrone Houston, Lieutenant Perkins, the other identified defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
Tyrone Houston, who is incarcerated and representing himself, sued Michael Capra and other correctional officials, alleging violations of federally protected rights and seeking damages, declarations, and injunctions.
The court directed the Clerk to issue a summons for Lieutenant Perkins and give the necessary papers to the U.S. Marshals Service for service. Houston did not need to file an amended complaint naming Perkins, and the time to serve identified defendants was extended to 90 days after their summonses were issued.
In Houston v. Capra, Judge Vincent L. Briccetti also ordered Perkins to comply with a local rule within 120 days after service and denied Houston permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- July 14, 2020
Background
Tyrone Houston, also known as Tyrone Black, brought this case without a lawyer against Michael Capra, individually and as superintendent of Sing Sing Correctional Facility, and other New York State corrections officials. Houston was incarcerated at Fishkill Correctional Facility when the order was issued. He alleged that the defendants violated federally protected rights and sought damages, declaratory relief, and immediate and permanent injunctive relief.
The court had previously allowed Houston to proceed without paying the filing fee upfront. In such cases, the court and the U.S. Marshals Service are responsible for arranging service of the summons and complaint. The opinion also notes that prisoners remain responsible for paying the full filing fee through required payments, even when allowed to proceed without paying upfront.
Service of Lieutenant Perkins
Houston identified Lieutenant Perkins in a July 7, 2020 letter. The court determined that Perkins was the only defendant named in the complaint who had not been identified sufficiently for service. The Clerk of Court was directed to complete the required service form, issue a summons for Perkins, and provide the necessary documents to the U.S. Marshals Service.
Because Houston had identified Perkins, the court ruled that he did not need to file an amended complaint naming Perkins. The court extended the deadline for serving the identified defendants until 90 days after their summonses were issued. It stated that Houston should request an additional extension if service was not completed within that period.
Other directives and ruling
The court reminded Houston to notify it in writing of any address change and stated that failing to do so could lead to dismissal for failure to comply with a court order. It directed Lieutenant Perkins to comply with Local Civil Rule 33.2 within 120 days after being served.
Judge Vincent L. Briccetti certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. The court therefore denied Houston permission to appeal without prepaying fees. This order addressed service and appeal-fee status; the opinion does not decide the underlying claims against the defendants.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.