Colon v. Gunsett
- Vincent Briccetti
- 7:22-cv-00635
- U.S. District Court · Southern District of New York
- 4
In Colon v. Gunsett, Judge Briccetti ordered U.S. Marshals service and set discovery deadlines without deciding the allegations.
Jose Rivera Colon and the eight named defendants: C. Gunsett, Gutwein, Mangino, R. Flanagan, A. Colombos, J. Crofoot, S. Hazelwood, and Dr. Uzo.
What happened
In Colon v. Gunsett, Jose Rivera Colon, who is incarcerated and representing himself, alleges that the defendants violated his rights while he was incarcerated at Green Haven Correctional Facility.
Because the court had allowed Colon to proceed without paying court fees upfront, it ordered the Clerk and U.S. Marshals Service to prepare and serve the complaint and summonses on the eight defendants. The court extended the service deadline to 90 days after the summonses are issued and required defendants to respond to specified discovery requests within 120 days after the order.
Judge Vincent L. Briccetti issued the order on January 27, 2022. The order addresses service and discovery and does not decide whether Colon’s allegations are legally or factually valid.
The detailed version
- Colon v. Gunsett · No. 7:22-cv-00635
- Vincent Briccetti
- Jan. 27, 2022
Background
Jose Rivera Colon, who was incarcerated at Auburn Correctional Facility when the order was issued, brought this action without a lawyer. He alleges that, while he was incarcerated at Green Haven Correctional Facility, C. Gunsett, Gutwein, Mangino, R. Flanagan, A. Colombos, J. Crofoot, S. Hazelwood, and Dr. Uzo violated his rights. The court had previously granted Colon permission to proceed without paying the filing fee upfront.
Service of the lawsuit
Because Colon was allowed to proceed without paying fees upfront, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the deadline for service to 90 days after summonses are issued. It stated that, if service is not completed within that period, Colon should request additional time.
The court directed the Clerk of Court to complete U.S. Marshals Service Process Receipt and Return forms, issue summonses, and give the Marshals Service the documents needed to serve Sergeant C. Gunsett, Commissioner’s Hearing Officer Gutwein, Sergeant Mangino, Correction Officers R. Flanagan, A. Colombos, J. Crofoot, and S. Hazelwood, and Facility Medical Doctor Uzo. Colon must notify the court in writing if his address changes, and the court stated that the action may be dismissed if he fails to do so.
Discovery
The court ruled that Local Civil Rule 33.2 applies. Under that rule, defendants in certain prisoner cases must respond to specified discovery requests. The defendants must serve responses to the standard interrogatories and document requests within 120 days after the order, quoting each request verbatim in their responses.
Disposition
Judge Vincent L. Briccetti ordered the Clerk to complete the service forms and deliver the necessary documents to the U.S. Marshals Service. The court also ruled that Local Civil Rule 33.2 applies and directed that a copy of the order and an information package be mailed to Colon. This order concerns service and discovery; it does not decide the merits of Colon’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.