Brown v. Annucci
- Nelson Roman
- 7:19-cv-02296
- U.S. District Court · Southern District of New York
- 2
In Brown v. Annucci, Judge Roman ordered help locating two defendants for service and required a government response about law-library access.
Carl Brown, the defendants who had not yet been served—Correction Officer Fonseca and Lieutenant Susan Hann—and the government office directed to help identify their addresses and respond to Brown’s law-library allegations.
What happened
In Brown v. Annucci, Carl Brown, who is representing himself, brought a federal civil-rights lawsuit against prison-related defendants. The court had allowed him to proceed without paying filing fees and had directed that the defendants be served.
Service on Correction Officer Fonseca failed because he no longer worked at Green Haven Correctional Facility. Service on Lieutenant Susan Hann also failed because she had retired. Brown also sent a letter raising allegations about his access to the law library.
The court ordered Janice Powers of the New York State Attorney General’s Office to help identify addresses for Fonseca and Hann and provide that information to Brown and the court within 30 days. The court also directed the government to respond to Brown’s law-library allegations by April 13, 2022. Judge Nelson S. Roman did not decide the underlying claims in this order.
The detailed version
- Brown v. Annucci · No. 7:19-cv-02296
- Nelson Roman
- Apr. 6, 2022
Background
Carl Brown brought this action under 42 U.S.C. § 1983, a federal law that allows claims alleging violations of constitutional rights by state actors. Brown is representing himself and is incarcerated at Great Meadow Correctional Facility. The court previously allowed him to proceed without prepaying filing fees.
The court had directed the Clerk of Court to prepare service paperwork for the defendants identified in Brown’s second amended complaint. The listed service address for the defendants other than Anthony Annucci was Green Haven Correctional Facility.
Service Issues
Service on Correction Officer Fonseca was attempted on November 9, 2020, but was not completed because he was no longer at Green Haven. Service on Lieutenant Susan Hann was not completed on January 20, 2021, because she had retired.
Relying on the rule that a self-represented litigant is entitled to court assistance in identifying a defendant, the court ordered Janice Powers at the New York State Attorney General’s Office to help identify proper addresses for Fonseca and Hann. Ms. Powers must provide the information to Brown and the court within 30 days of the order. After receiving the information, the court stated that it would issue instructions for service under Rule 4 of the Federal Rules of Civil Procedure.
Law-Library Allegations
The court also reviewed Brown’s March 27, 2022 letter. It directed the government to respond to Brown’s allegations concerning his access to the law library by April 13, 2022.
Disposition
The order grants procedural assistance concerning service and directs a government response concerning the law library. It does not resolve the merits of Brown’s § 1983 claims or state a final disposition of the lawsuit. Judge Nelson S. Roman also directed the Clerk to mail Brown a copy of the order and record proof of mailing on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.