Rodriguez v. Burnett
- Philip Halpern
- 7:22-cv-02198
- U.S. District Court · Southern District of New York
- 5
In Rodriguez v. Burnett, Judge Halpern ordered Marshals service for the plaintiff’s defendants after allowing him to proceed without paying fees upfront.
Ralph Rodriguez, the State of New York, the named individual defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Rodriguez v. Burnett, Ralph Rodriguez, who is incarcerated and has no lawyer, sued the State of New York and named individuals under federal civil-rights and disability laws. He claimed that the defendants violated his rights during his confinement at Fishkill Correctional Facility.
Because Rodriguez was allowed to proceed without paying court fees upfront, the court directed the Clerk of Court to prepare summonses and service forms. The U.S. Marshals Service was instructed to deliver the lawsuit papers to the defendants. Rodriguez must ask for more time if service is not completed within 90 days after the summonses are issued.
Judge Philip M. Halpern also directed the Clerk to mail Rodriguez an information package and warned him to report any address change in writing. This order arranged service and did not decide whether Rodriguez’s claims were valid.
The detailed version
- Rodriguez v. Burnett · No. 7:22-cv-02198
- Philip Halpern
- June 8, 2022
Background
Ralph Rodriguez, who is incarcerated at Fishkill Correctional Facility and is proceeding without a lawyer, brought claims under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. He alleged that the defendants violated his rights during his confinement at Fishkill. The defendants named in the order are the State of New York; Edward R. Burnett; Akinola Franci Akinyombo; Davachi M. Sullivan; Sally A. Reams; John F. Woods; Alexandra Ayana Gibbons; Luis Gonzalez; Stephen Urbanski; Sharon L. Frost; and Charmaine Waylon.
A prior order allowed Rodriguez to proceed without paying court fees upfront. In such cases, the court and the U.S. Marshals Service handle service of the summons and complaint. The order also explains that prisoners who receive this permission are still required to pay the full filing fee through the statutory payment process.
Service Instructions
The court directed the Clerk of Court to complete U.S. Marshals Service process receipt and return forms, issue summonses, and send the Marshals Service the documents needed to serve each listed defendant. The order includes service addresses for the State of New York and the individual defendants.
The court stated that service must be completed within 90 days after the summonses are issued. If service is not completed by then, Rodriguez should request an extension of time. The court also required Rodriguez to notify it in writing if his address changes and stated that the action may be dismissed if he fails to do so.
Disposition
Judge Philip M. Halpern ordered the Clerk to issue the summonses, complete the service forms, and deliver the required documents to the U.S. Marshals Service. The Clerk was also directed to mail Rodriguez an information package. This was an order arranging service; the opinion did not decide the merits of Rodriguez’s claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.