Javier v. Russo
- Vincent Briccetti
- 7:21-cv-07097
- U.S. District Court · Southern District of New York
- 3
In Javier v. Russo, Judge Briccetti ordered service on four defendants and denied Javier permission to proceed without fees on appeal.
Al Javier and the four defendants listed in the appendix—Anthony Russo, Anthony Annucci, Anthony Rodriguez, and Correction Officer James Morrissey—were affected by the service directions. Javier was also affected by the denial of permission to proceed without fees on appeal and by the address-notification requirement.
What happened
Javier v. Russo concerns Al Javier’s constitutional claims against several defendants under a federal civil-rights law. Javier was representing himself and had been allowed to proceed without paying filing fees. The court had previously directed service of his amended complaint and sought updated addresses for certain defendants.
The court ordered the Clerk to prepare service forms and summonses for Anthony Russo, Anthony Annucci, Anthony Rodriguez, and Correction Officer James Morrissey, and to send the necessary papers to the U.S. Marshals Service. The court also directed Javier to notify it in writing if his address changes and stated that the case may be dismissed if he does not do so.
Judge Vincent L. Briccetti certified that an appeal from this order would not be taken in good faith and denied Javier permission to proceed without fees for an appeal. The order addressed service and related case administration; it did not decide whether Javier’s constitutional claims were valid.
The detailed version
- Javier v. Russo · No. 7:21-cv-07097
- Vincent Briccetti
- June 10, 2022
Background
Al Javier, who was proceeding without a lawyer and without paying filing fees, brought claims under 42 U.S.C. § 1983 alleging violations of constitutional rights. The opinion states that Javier filed an amended complaint on December 2, 2021. On February 2, 2022, the court ordered the U.S. Marshals Service to serve the defendants. On May 13, 2022, the court directed the New York State Attorney General’s Office to find updated addresses for certain defendants.
The Attorney General’s Office provided updated addresses for Anthony Russo, Anthony Annucci, Anthony Rodriguez, and James Morrissey in letters dated June 6 and June 7, 2022.
Order
The court instructed the Clerk to complete U.S. Marshals Service process forms for the defendants listed in the appendix, issue summonses, and deliver the paperwork needed for the Marshals Service to serve those defendants. The appendix listed Anthony Russo, Anthony Annucci, Anthony Rodriguez, and Correction Officer James Morrissey.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Javier permission to proceed without paying the required fees for an appeal. The court also directed Javier to notify it in writing of any address change and stated that it may dismiss the action if he fails to do so. Chambers was directed to mail Javier a copy of the order.
Result and scope
This was an administrative and service order. It did not decide the merits of Javier’s constitutional claims or determine whether any defendant violated his rights.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.