Mercado v. Kiszka

Background

Matthew Mercado, who was detained at the Orange County Jail, filed this self-represented action under 42 U.S.C. § 1983, alleging that the defendants tampered with his legal mail. The court had previously granted him permission to proceed without prepaying the filing fee.

Initial screening

The Prison Litigation Reform Act requires the court to screen a prisoner’s complaint when the prisoner seeks relief from a governmental entity or government employee. The court must dismiss claims that are frivolous, malicious, fail to state a legally valid claim, seek money from an immune defendant, or fall outside the court’s subject-matter jurisdiction.

The court concluded that Mercado alleged no facts showing that the Town of Goshen or its employees were involved in the alleged violation. The events described occurred at the Orange County Jail, which the opinion identified as a county facility whose employees are employed by Orange County. The court therefore dismissed Mercado’s claims against the Town of Goshen for failure to state a claim.

Because the complaint showed a clear intention to assert claims against Orange County, the court directed the clerk to replace the Town of Goshen with Orange County in the case caption. The order states that this amendment was without prejudice to defenses Orange County might assert. The opinion does not state whether the dismissal of the Town of Goshen was with or without prejudice.

Service of process

Because Mercado was allowed to proceed without prepaying fees, the court directed the clerk and the U.S. Marshals Service to handle service of the summonses and complaint. The court extended the service deadline to 90 days after the summonses were issued. It directed the clerk to prepare service forms, issue summonses, and provide the Marshals Service with the documents needed to serve Orange County, Sergeant Kiszka, and Officer Cataletti.

The court also directed Mercado to notify the court in writing if his address changed and stated that the action could be dismissed if he failed to do so.

Disposition

Judge Nelson S. Roman dismissed Mercado’s claims against the Town of Goshen, directed that Orange County be added as a defendant, and ordered issuance of summonses and service by the U.S. Marshals Service on Orange County, Kiszka, and Cataletti. The court certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.