Ruiz v. Link

Background

Michael Ruiz, who was incarcerated at Elmira Haven Correctional Facility when the order was issued, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims against people who violate constitutional rights while acting under state authority. He alleged that defendants violated his constitutional rights while he was incarcerated at Green Haven Correctional Facility.

The caption names P. Link, J. Reyes, Patrick Squire, Michael Blot, Deborah MacDonald, and three defendants identified as John Doe correctional officers. The court had previously allowed Ruiz to proceed without paying the filing fee upfront and had ordered service on Link, Reyes, Squire, and MacDonald. The court also directed the New York State Attorney General to identify four unnamed correctional officers. The Attorney General identified John Doe #4 as Sergeant Michael Blot, and Ruiz amended his complaint to name Blot.

Service on Michael Blot

Because Ruiz was allowed to proceed without paying the filing fee upfront, the court stated that he could rely on the court and the U.S. Marshals Service to serve process. The court extended the ordinary 90-day service period so that the deadline would be 90 days after the summons was issued. The court explained that Ruiz could not serve the summons and amended complaint before the court reviewed the amended complaint and ordered a summons issued. It further stated that Ruiz should request an extension if the amended complaint was not served within that period.

The Clerk of Court was ordered to complete a U.S. Marshals Service Process Receipt and Return form with Michael Blot’s address, issue a summons, and deliver the necessary papers to the Marshals Service. The order lists Blot’s service address as Green Haven Correctional Facility, 594 Route 216, Stormville, New York 12582.

Other directives and disposition

The court directed the Clerk to mail Ruiz a copy of the order. Ruiz was required to notify the court in writing if his address changed, and the court stated that it could dismiss the action if he failed to do so.

The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal. The order addressed service and appeal-fee status; it did not decide the merits of Ruiz’s constitutional claims. Judge Cathy Seibel issued the order on October 19, 2020.