Cruz v. I.C.M. Manhattan, NY

Background

Abraham Cruz, who was incarcerated in a State Correctional Institution in Pennsylvania, filed this pro se action, meaning he was proceeding without a lawyer. He sued various individuals affiliated with the Metropolitan Detention Center in Brooklyn, New York, where he had previously been detained. He alleged violations of constitutional and state-law rights.

The court had previously permitted Cruz to proceed without prepaying court fees. After earlier orders, Cruz timely filed a Third Amended Complaint on March 2, 2021. That complaint named Suzanne Hastings, identified as a warden; William Ryan, identified as a psychiatrist; “Mannanlein,” identified as an inmate; Maria Manning, identified as a registered nurse; Kari Schlessinger, identified as chief psychologist; Tonya Cooper, identified as a registered nurse; and Michael McManus, identified as Cruz’s cellmate. The court determined that Cruz clearly asserted claims only against Hastings, Ryan, “Mannanlein,” and Manning. The United States Attorney could not identify a cellmate named “Mannanlein” despite reasonable efforts.

Order on Service

Because Cruz was allowed to proceed without prepaying fees, the court directed the U.S. Marshals Service to serve the complaint. The court ordered service on Suzanne Hastings, William Ryan, and Maria Manning. It did not direct service on “Mannanlein,” whose identity could not be established, and the opinion does not state that service was directed on Schlessinger, Cooper, or McManus.

The court extended the time for service until 90 days after the summons is issued. It explained that Cruz could not serve the summons and complaint before the court reviewed the complaint and ordered issuance of a summons. The court stated that Cruz should request an extension if service is not completed within that period.

The Clerk of Court was instructed to prepare a U.S. Marshals Service Process Receipt and Return form for each of the three defendants, issue the summons, and give the Marshals Service the paperwork needed for service. The opinion states that Ryan was retired and that his service address would be provided to the Clerk and Marshals Service outside the presence of the other parties.

Other Directions and Disposition

Cruz was required to notify the court in writing if his address changed, and the court stated that the action could be dismissed if he failed to do so. The court also 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. Judge Barbara Moses signed the order as a United States Magistrate Judge.