Perez v. Annucci

Background

Julio Perez, who was incarcerated at Green Haven Correctional Facility, brought this action without a lawyer under 42 U.S.C. § 1983, a federal law allowing claims for violations of federal rights by state officials. He alleged that the defendants denied him adequate medical care. The defendants named in the caption were DOCCS Commissioner Anthony Annucci, GHCF Superintendent Griffin, GHCF Medical Supervisor Dr. Bentivegna, GHCF Medical Provider Dr. Silver, and Dr. Holder.

The court had previously allowed Perez to proceed without paying the filing fee in advance. The order explained that prisoners must still pay the full filing fee over time even when they receive that permission.

Service of the Defendants

Because Perez was allowed to proceed without paying the fee in advance, he could rely on the court and the U.S. Marshals Service to serve the summonses and complaint. The court explained that the usual 90-day service period could not begin operating normally before the court reviewed the complaint and ordered summonses issued. It therefore extended the time for service until 90 days after the summonses are issued. The order stated that Perez should request more time if service is not completed within that period.

Ruling

The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue a summons for each defendant, and deliver the necessary paperwork to the Marshals Service. It also directed the Clerk to mail Perez a copy of the order and an information package. Perez was required to notify the court in writing if his address changed, and the order stated that the action could be dismissed if he failed to do so.

Judge Vincent L. Briccetti certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal. This order addressed service and appeal-fee status; it did not decide whether Perez was denied adequate medical care.