Pena v. Downstate Correctional Facility Medical Department

Background

Juan Pena, who was incarcerated at Bare Hill Correctional Facility, appeared without a lawyer and asserted that the defendants violated his federal constitutional rights. The court treated his Third Amended Complaint as raising claims under 42 U.S.C. § 1983, a federal law that allows claims against state actors for violating constitutional rights.

The court had previously allowed Pena to proceed without prepaying filing fees. In this supplemental order, the court directed service on Defendant Olayemi Odeniyi through the U.S. Marshals Service. The order identified Odeniyi’s service address as Downstate Correctional Facility and instructed the Clerk of Court to prepare the summons and the paperwork needed for service.

Rulings and Procedure

The court directed the Clerk to mail Pena a copy of the order and record proof of service on the docket. Pena was responsible for ensuring that service occurred within 90 days after the summons was issued and for requesting an extension if necessary. The order also stated that the action could be dismissed if Pena failed to notify the court of an address change.

Judge Nelson S. Roman certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order concerned service and appellate fee status; it did not resolve the merits of Pena’s constitutional claims.