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 the Clerk and Marshals Service to serve C.O. Fonseca at a new address.
Carl Brown, C.O. Fonseca, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Brown v. Annucci, Carl Brown, who is incarcerated and representing himself, brought a civil-rights case under a federal law known as Section 1983. Brown had permission to proceed without paying court fees, so the court and the U.S. Marshals Service were responsible for serving the defendants.
Service on C.O. Fonseca was attempted at Green Haven Correctional Facility but was not completed because Fonseca no longer worked there. The court had previously extended the service deadline to May 25, 2022, and defendants provided Fonseca’s service address at Queensboro Correctional Facility.
Judge Nelson S. Roman ordered the Clerk of Court to prepare the service form, issue a summons, and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Brown a copy of the order and record proof of mailing on the docket.
The detailed version
- Brown v. Annucci · No. 7:19-cv-02296
- Nelson Roman
- Apr. 14, 2022
Background
Carl Brown, who was incarcerated at Great Meadow Correctional Facility and proceeding without a lawyer, brought this action under 42 U.S.C. § 1983. The court had allowed him to proceed without paying filing fees. In that situation, federal law requires the court to issue the process and the U.S. Marshals Service to serve it.
The court’s May 18, 2020, service order directed the Clerk to prepare a U.S. Marshals Service Process Receipt and Return form for each defendant. The second amended complaint listed Green Haven Correctional Facility as the service address for the defendants other than Anthony Annucci. An attempted service on C.O. Fonseca on November 9, 2020, was unsuccessful because Fonseca was no longer at Green Haven.
The court had previously extended the deadline for serving Fonseca to May 25, 2022. Defendants’ April 13, 2022, letter identified Fonseca’s service address as Queensboro Correctional Facility, 47-04 Van Dam Street, Long Island City, New York 11101-3081.
Ruling
Judge Nelson S. Roman directed the Clerk of Court to complete a service form using Fonseca’s new address and to provide the U.S. Marshals Service with the summons and all paperwork needed to serve Fonseca. The Clerk was also directed to mail Brown a copy of the order at the address listed in the court’s records and to show proof of mailing on the docket.
The order addressed service of process and did not decide the merits of Brown’s underlying Section 1983 claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.