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 C.O. Robert Cimminelli and denied appeal-related fee-waiver status.
Tyrone Houston and C.O. Robert Cimminelli were directly affected. The Clerk of Court and the U.S. Marshals Service were directed to take steps to serve Cimminelli, and Cimminelli was directed to comply with Local Civil Rule 33.2 within 120 days after service.
What happened
Houston v. Capra is a pro se case brought by Tyrone Houston, also known as Tyrone Black, against Michael Capra and other officials. Houston alleges that the defendants violated federally protected rights.
Because Houston was allowed to proceed without paying fees upfront, the court explained that the U.S. Marshals Service would handle service. The court extended the time to serve C.O. Robert Cimminelli and said Houston did not need to file an amended complaint naming him.
Judge Vincent L. Briccetti ordered the Clerk of Court to issue a summons and provide the necessary documents to the Marshals Service, and directed Cimminelli to comply with a specified local rule within 120 days after service. The court also denied permission to proceed without paying fees for an appeal from this order.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- Aug. 11, 2020
Background
Tyrone Houston, also identified as Tyrone Black, brought this pro se action while incarcerated at Fishkill Correctional Facility. He sued Michael Capra, individually and as superintendent of Sing Sing Correctional Facility, along with executive officials of the New York State Department of Corrections and Community Supervision and officials assigned to Sing Sing and Fishkill. The opinion states that Houston asserted violations of federally protected rights but does not decide those claims.
The court had previously allowed Houston to proceed without prepaying fees. In that situation, federal law requires the court to direct the U.S. Marshals Service to serve process. The opinion states that Houston could not have served C.O. Robert Cimminelli until the court reviewed the complaint and ordered that a summons be issued for him.
Orders concerning service
The court extended the time to serve C.O. Cimminelli until 90 days after a summons for him is issued. It stated that, if service is not completed within that period, Houston should request an extension of time. Because Houston had already identified Cimminelli in the complaint, the court ruled that Houston did not need to file an amended complaint naming him.
The court directed the Clerk of Court to complete the U.S. Marshals Service Process Receipt and Return forms using Cimminelli’s address, issue a summons, and deliver the necessary paperwork to the Marshals Service. The order identifies Cimminelli’s service address as Fishkill Correctional Facility, 18 Strack Drive, Beacon, New York 12508-0307.
The court also directed Cimminelli to comply with Local Civil Rule 33.2 within 120 days after service of the complaint. Houston was reminded to update the court in writing if his address changes, and the order states that failure to do so may result in dismissal for failure to comply with a court order.
Disposition
Judge Vincent L. Briccetti ordered the service-related actions described above. The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. The order did not resolve the merits of Houston’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.