Hamlett v. Everly
- Nelson Roman
- 7:21-cv-06663
- U.S. District Court · Southern District of New York
- 6
In Hamlett v. Everly, Judge Roman ordered service of Hamlett’s civil-rights complaint and required defendants to answer standard discovery requests.
John Hamlett, the 13 named defendants, the Clerk of Court, and the U.S. Marshals Service. The defendants must respond to the specified discovery requests within 120 days after service, while the Clerk and Marshals Service must carry out the service instructions.
What happened
In Hamlett v. Everly, John Hamlett, who is incarcerated and representing himself, brought a civil-rights lawsuit seeking money and court-ordered relief against 13 people connected with the correctional system.
Because Hamlett was allowed to proceed without paying the filing fee upfront, the court directed the Clerk of Court and U.S. Marshals Service to issue summonses and serve the complaint. The court also extended the service deadline to 90 days after the summonses are issued.
Judge Roman ordered the defendants to respond to Hamlett’s standard discovery requests within 120 days after service. This order addressed service and discovery; it did not decide whether Hamlett’s claims were legally valid.
The detailed version
- Hamlett v. Everly · No. 7:21-cv-06663
- Nelson Roman
- Sept. 17, 2021
Background
John Hamlett, who is incarcerated at Green Haven Correctional Facility and is representing himself, filed claims under 42 U.S.C. § 1983, a federal law that allows claims against state officials for violating federal rights. He seeks damages and injunctive relief, meaning a court order requiring or prohibiting conduct. The defendants are Taj K. Everly, J. Dillon, Gary J. Perrotta Jr., Antonio M. Alban, Thomas A. Germano Jr., Richard T. Flanagan, Michel Blot Jr., Michael D. Funk, Donald Venettozzi, Marilyn Kopp, D. Heitz, Edwin Uzu, and Johanamann, as identified in the order.
The court had previously granted Hamlett permission to proceed without paying the filing fee upfront. The order notes that prisoners must still pay the full filing fee over time even when granted that permission.
Court’s Orders
The court directed the Clerk of Court to issue summonses for the defendants, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and give the Marshals Service the documents needed to serve the summonses and complaint. Because Hamlett was proceeding without paying the fee upfront, the court extended the service deadline to 90 days after the summonses are issued. The court stated that Hamlett must ask for more time if service is not completed within that period. It also required Hamlett to notify the court in writing of any address change and stated that the action may be dismissed if he fails to do so.
The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified discovery requests. The defendants must serve responses within 120 days after service of the order and must quote each discovery request word for word in their responses. The court also directed the Clerk to mail Hamlett a copy of the order and an information package.
Disposition and Significance
This was an order concerning service of the lawsuit and standard discovery procedures. The court did not decide the merits of Hamlett’s civil-rights claims, determine whether any defendant was liable, or dismiss any claim. Judge Nelson S. Roman ordered the Clerk, the Marshals Service, and the defendants to take the procedural steps described above.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.