Batista v. Patterson
- John Cronan
- 1:20-cv-05688
- U.S. District Court · Southern District of New York
- 3
In Batista v. Patterson, Judge Schofield ordered Marshals service and required discovery responses under Local Rule 33.2.
Batista, the plaintiff, receives Marshals Service assistance with serving Patterson, Vitale, Grijalva, and Nash. Those defendants must respond to the specified discovery requests within 120 days after service.
What happened
Batista v. Patterson is a pro se case brought by an incarcerated plaintiff alleging that the defendants violated her federal constitutional rights. The court had previously allowed her to proceed without paying the filing fee upfront.
The court extended the service deadline to 90 days after summonses are issued and directed the Clerk and U.S. Marshals Service to serve Patterson, Vitale, Grijalva, and Nash. The court also required the defendants to respond to specified discovery requests within 120 days after service.
Judge Lorna G. Schofield ordered the Clerk to send the plaintiff the order and an information package, complete the service forms, issue summonses, and provide the necessary documents to the Marshals Service. The order also requires Local Civil Rule 33.2 to apply and requires the plaintiff to notify the court of any address change.
The detailed version
- Batista v. Patterson · No. 1:20-cv-05688
- John Cronan
- Aug. 4, 2020
Background
Batista, who was incarcerated at the Metropolitan Correctional Center, brought this pro se action alleging violations of her federal constitutional rights. The opinion states that the court had already granted her permission to proceed without paying the filing fee upfront. It also notes that prisoners remain responsible for paying the full filing fee through the statutory payment process.
Service of Process
Because Batista was allowed to proceed without paying the fee upfront, she could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the normal 90-day service period so that it would run from the date the summonses were issued, rather than from the date the complaint was filed. The court stated that Batista should request more time if service was not completed within that period.
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each of Patterson, Vitale, Grijalva, and Nash; mark the forms for service on the United States; issue summonses; and provide the Marshals Service with the order and other necessary documents. Batista must notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so.
Discovery
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to answer specific, court-ordered discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint and must quote each request verbatim in their responses.
Disposition
Judge Lorna G. Schofield ordered the Clerk to mail Batista a copy of the order and an information package, complete the service paperwork, issue summonses, and deliver the required documents to the Marshals Service. The court also ordered that Local Civil Rule 33.2 applies to the action. This order addresses service and discovery procedures; the opinion does not decide the merits of Batista's constitutional allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.