Javier v. Russo
- Vincent Briccetti
- 7:21-cv-07097
- U.S. District Court · Southern District of New York
- 4
In Javier v. Russo, Judge Briccetti ordered service and discovery in Javier’s prisoner civil-rights case and denied appeal-related permission to proceed without fees.
Javier, the seven named defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Javier v. Russo, Javier, who is incarcerated and representing himself, sued seven defendants under the federal civil-rights law for people acting under government authority. The court had already allowed him to start the case without paying court fees in advance.
The court directed the Clerk and the U.S. Marshals Service to prepare and serve the summons and complaint. It extended the service deadline to 90 days after the summons is issued. The defendants must also answer standard discovery requests within 120 days after service.
Judge Vincent L. Briccetti did not decide whether the defendants violated Javier’s rights. He denied permission to proceed without fees for any appeal from this order, finding that such an appeal would not be taken in good faith.
The detailed version
- Javier v. Russo · No. 7:21-cv-07097
- Vincent Briccetti
- Feb. 1, 2022
Background
Javier, who is incarcerated at Green Haven Correctional Facility and is representing himself, brought this action under 42 U.S.C. § 1983, a federal law allowing certain civil-rights claims against people acting under government authority. He alleged that the defendants violated his rights. The court had previously allowed him to proceed without paying court fees before the case began, although the order noted that prisoners remain responsible for the full filing fee under the applicable statute.
Service of Process
Because Javier was permitted to proceed without prepaying fees, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The court extended the usual service period until 90 days after the summons is issued. It stated that Javier should request additional time if service is not completed within that period.
The Clerk of Court was directed to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summons, and provide the Marshals Service with the documents needed for service. Javier was also required to notify the court in writing if his address changes, and the court stated that the action could be dismissed if he fails to do so.
Discovery
The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified court-ordered discovery requests, including interrogatories and requests for documents. The defendants must serve their responses within 120 days after service of the complaint and must quote each discovery request verbatim in their responses.
Disposition
The court ordered the Clerk to mail Javier a copy of the order and an information package and to complete the service materials. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to proceed without fees for purposes of an appeal. The order did not decide the merits of Javier’s allegations or determine whether any defendant violated his rights.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.