Shomo v. State of New York Department of Corrections and Community Supervision…

Background

Jose J. Shomo, who was incarcerated at Fishkill Correctional Facility, brought claims under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. He alleged that the defendants violated his rights. The court had previously granted him permission to proceed without prepaying the filing fee.

Adding Defendants

Shomo’s caption identified the New York State Department of Corrections and Community Supervision (DOCCS) and its executives, but it did not give the executives’ names. The complaint identified Anthony Annucci, Acting Commissioner of DOCCS; Dr. John Morley, Chief Medical Officer of DOCCS; and Dr. Gaetan Zamilus, Shomo’s attending doctor at Fishkill. Under Federal Rule of Civil Procedure 21, the court directed the clerk to add Annucci, Morley, and Zamilus as defendants. The amendment was without prejudice to any defenses those defendants might assert.

Service of the Lawsuit

Because Shomo was allowed to proceed without prepaying the filing fee, the court ordered the U.S. Marshals Service to serve the defendants. The clerk was directed to prepare a U.S. Marshals Service Process Receipt and Return form for DOCCS and each individual defendant, issue summonses, and provide the necessary paperwork to the Marshals Service.

The court extended the service deadline until 90 days after the summonses are issued. If service is not completed within that period, Shomo should request an extension of time. The court also directed Shomo to notify it in writing if his address changes and stated that the action could be dismissed if he failed to do so.

Disposition

Judge Philip M. Halpern issued an order directing the clerk to add the three named individuals as defendants and to arrange service through the U.S. Marshals Service. The order did not rule on the merits of Shomo’s claims.