Velazquez v. State of New York

Background

Jose I. Velazquez, who was representing himself, brought this action under 42 U.S.C. § 1983, a federal law that allows claims for constitutional-rights violations by persons acting under state law. The opinion states that Velazquez was then on parole under the supervision of Willow Men’s Shelter. The court had previously granted him permission to proceed without prepaying fees and had dismissed his claims against the State of New York. Several other defendants had been served. Anthony Annucci was not named in Velazquez’s First Amended Complaint.

Velazquez filed the First Amended Complaint on May 29, 2020, adding Marlene Brooks as a defendant. Defendants informed the court that Brooks had not yet been served.

Service on Marlene Brooks

The court explained that a plaintiff allowed to proceed without prepaying fees may rely on the court and the U.S. Marshals Service to complete service. Because Velazquez could not serve the summons and complaint until the court reviewed the complaint and ordered issuance of the summonses, the court extended the service period to 90 days after the summonses are issued. The court stated that Velazquez should request an extension if service is 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 Brooks, issue summonses, and deliver the necessary paperwork to the Marshals Service. Velazquez was also required to notify the court in writing if his address changes; the court stated that the action may be dismissed if he 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 specified, court-ordered discovery requests. Brooks 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 her responses.

Disposition

The court directed the Clerk to mail Velazquez a copy of the order and an information package, complete the service forms with Brooks’s address, and provide the service materials to the Marshals Service. The court stated that Local Civil Rule 33.2 applies to the action. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed service, discovery, and appeal-fee status; it did not decide the merits of Velazquez’s constitutional claims. Judge Kenneth M. Karas signed the order.