Avent v. Estevez

Background

Reuben Avent brought this action without a lawyer against parole officials. The court had previously allowed him to proceed without paying the filing fee up front. Claims against other defendants had been separated into different proceedings, including a challenge to Avent’s 2009 resentencing that had been treated as a petition challenging custody and dismissed because Avent did not respond.

The remaining caption listed “P.O. ESTERVEZ,” “P.O. ESTEVEZ,” an unknown senior parole officer, and an unknown parole director. The complaint mentioned only Parole Officer Estervez. Based on public records from the New York State Division of Parole, the court concluded that Avent appeared to be referring to Parole Officer L. Esteves and that A. Tucker was the senior parole officer supervising him.

Service on Identified Defendants

The court directed the Clerk of Court to substitute Parole Officer L. Esteves for the two defendants identified as “Parole Officer Estervez” and “Parole Officer Estevez.” It also directed the Clerk to substitute Senior Parole Officer A. Tucker for the unknown senior parole officer.

Because Avent was allowed to proceed without paying the filing fee up front, the court ruled that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The Clerk was ordered to prepare the required service forms, issue summonses, and provide the necessary papers to the Marshals Service.

The court extended the time for service until 90 days after the summons is issued. It stated that, if service is not completed by then, Avent should request more time. The order also required Avent to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Identifying the Unknown Parole Director

The court applied a rule allowing a person proceeding without a lawyer to receive help identifying an unknown defendant. It found that Avent had provided enough information for the New York Attorney General to identify the unknown parole director at the New York State Division of Parole Manhattan II Area Office who was allegedly involved in violations of Avent’s rights on January 8, 2019.

The court ordered the New York Attorney General to identify that person and provide the person’s service address to Avent and the court within 60 days. Within 30 days after receiving the information, Avent must file an amended complaint naming the defendant. The amended complaint will replace, rather than add to, the original complaint. The court stated that it would screen the amended complaint and, if necessary, issue further service instructions.

Disposition

This was an order about identifying defendants and serving the complaint. It did not decide the merits of Avent’s alleged rights violations. The court ordered the Clerk to substitute L. Esteves and A. Tucker, arrange service on them through the U.S. Marshals Service, and send the complaint and order to the New York Attorney General for identification of the unknown parole director. Judge Andrew L. Carter, Jr. signed the order.