Houston v. Capra
- Vincent Briccetti
- 7:20-cv-02135
- U.S. District Court · Southern District of New York
- 2
In Houston v. Capra, Judge Briccetti ordered service on B. Mazzone and extended defendants’ response deadline to August 9, 2021.
Tyrone Houston, B. Mazzone, and the other defendants named in the amended complaint; the Clerk of Court and U.S. Marshals Service were also directed to take specified service-related actions.
What happened
Houston v. Capra concerns service of an amended complaint that added seventeen defendants. One newly named defendant, B. Mazzone, had not been served.
The New York Attorney General’s Office told the court that the Marshals Service lacked an order needed to serve B. Mazzone and requested more time for all defendants to respond.
Judge Briccetti ordered the Clerk to provide B. Mazzone’s address and service documents to the Marshals Service, extended all defendants’ response deadline to August 9, 2021, and denied a fee-free appeal because it would not be taken in good faith.
The detailed version
- Houston v. Capra · No. 7:20-cv-02135
- Vincent Briccetti
- June 24, 2021
Background
On April 26, 2021, Tyrone Houston filed an amended complaint naming seventeen new defendants. On April 30, 2021, the court issued a Third Amended Order of Service directing the Clerk to issue summonses for the new defendants and provide the U.S. Marshals Service with the documents needed to serve them.
On June 23, 2021, counsel for the New York Attorney General’s Office informed the court that newly named defendant B. Mazzone had not been served because the Marshals Service did not have an order authorizing service on that defendant. The Attorney General’s Office also requested an extension of time for all defendants to answer, move, or otherwise respond to the amended complaint.
Order
The court ordered the Clerk to complete the service form with B. Mazzone’s address at Fishkill Correctional Facility and deliver the necessary documents to the Marshals Service. The court extended all defendants’ time to answer, file a motion, or otherwise respond to the amended complaint until August 9, 2021.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order also reminded Houston to notify the court in writing if his address changes and stated that the action could be dismissed if he failed to do so.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.