Brown v. Urbanski
- Cathy Seibel
- 7:21-cv-00214
- U.S. District Court · Southern District of New York
- 5
In Brown v. Urbanski, Judge Seibel ordered the U.S. Marshals Service to serve the defendants and set discovery deadlines.
Malik L. Brown and the ten defendants named for service: Stephen Urbanski, Issa Yunes, Joseph Deacon, Mark Delbianco, Sharon Frost, Emily Williams, Alexander Minard, Brendan Walsh, Danielle Cebron, and Anthony Annucci.
What happened
In Brown v. Urbanski, Malik L. Brown brought a lawsuit without a lawyer under a federal civil-rights law, alleging constitutional violations while he was incarcerated at Fishkill Correctional Facility.
Because Brown was allowed to proceed without paying the filing fee upfront, the court directed the Clerk of Court and the U.S. Marshals Service to issue summonses and serve ten named defendants. The court extended the service deadline to 90 days after the summonses are issued.
Judge Cathy Seibel also ruled that a local prisoner-discovery rule applies. The defendants must respond to Brown’s standard discovery requests within 120 days after the complaint is served. The order did not decide whether Brown’s constitutional claims are valid.
The detailed version
- Brown v. Urbanski · No. 7:21-cv-00214
- Cathy Seibel
- Feb. 22, 2021
Background
Malik L. Brown, who was incarcerated at Midstate Correctional Facility when the order was issued, filed this lawsuit without a lawyer under 42 U.S.C. § 1983. He alleged that the defendants violated his federal constitutional rights while he was incarcerated at Fishkill Correctional Facility. The court had previously allowed him to proceed without paying the filing fee upfront.
Service of the Lawsuit
Because Brown was allowed to proceed without paying the fee upfront, the court explained that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual 90-day service period to 90 days after the summonses are issued, because Brown could not serve the summonses and complaint before the court reviewed the complaint and ordered the summonses issued.
The court directed the Clerk of Court to prepare service forms, issue summonses, and give the Marshals Service the documents needed to serve Stephen Urbanski, Issa Yunes, Joseph Deacon, Mark Delbianco, Sharon Frost, Emily Williams, Alexander Minard, Brendan Walsh, Danielle Cebron, and Anthony Annucci. Brown was required to notify the court in writing if his address changes, and 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, including interrogatories and requests for documents. The defendants must serve their responses within 120 days after the complaint is served and must quote each request word for word in their responses.
Disposition
The court ordered the Clerk of Court to mail Brown a copy of the order and an information package, issue the summonses, complete the service forms, and deliver the necessary documents to the Marshals Service. The court also ordered that Local Civil Rule 33.2 applies to the action. This order addressed service and discovery; it did not decide the merits of Brown’s constitutional claims.
Judge
The order was signed by Cathy Seibel, United States District Judge.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.