Griffin v. Annucci

Background

Rudolph W. Griffin, who was incarcerated at Green Haven Correctional Facility, filed this lawsuit without a lawyer under 42 U.S.C. § 1983, a federal law that permits claims for constitutional violations by state officials. He alleged that defendants violated his constitutional rights while he was incarcerated at Sing Sing Correctional Facility. The court had previously allowed him to proceed without paying the filing fee up front.

Service of Process

The court explained that a plaintiff who has permission to proceed without paying the filing fee up front may rely on the court and the U.S. Marshals Service to serve the defendants. The order directed the Clerk of Court to complete a Marshals Service process form for Dr. Dana Gage, issue a summons, and provide the Marshals Service with the documents needed to serve Gage. Griffin was responsible for notifying the court in writing if his address changed, and the court stated that the case could be dismissed if he failed to do so.

Disposition

This was an order concerning service, not a decision on the merits of Griffin’s constitutional claims. The court directed the Clerk of Court to mail Griffin a copy of the order and an information package, and to deliver the service materials for Dr. Gage to the Marshals Service. Judge Kenneth M. Karas also certified that an appeal from the order would not be taken in good faith and denied Griffin permission to appeal without paying fees.