Lloyd v. Regisford

Background

Donnell Lloyd, who is incarcerated at Auburn Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges that defendants violated his rights while he was confined at Sing Sing Correctional Facility. The court had previously allowed Lloyd to proceed without paying the filing fee upfront. This order addresses service of the lawsuit, identification of unnamed defendants, and standardized discovery. It does not decide the merits of the alleged constitutional violations.

Service on Named Defendants

Because Lloyd was permitted to proceed without paying the filing fee upfront, the court stated that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was directed to issue summonses, complete service forms with addresses, and provide the necessary papers to the Marshals Service for service on Hearing Officer Regisford, Sergeant Montgomery, Correction Officer S. Kerr, Correction Officer Mowatt, and Correction Officer Williams.

The court extended the service deadline to 90 days after the summonses are issued. If service is not completed within that period, Lloyd should request an extension of time. The court also stated that Lloyd must notify it in writing if his address changes and that the action may be dismissed if he fails to do so.

Unnamed Defendants

The complaint identifies correction officers as John Doe defendants. The court ordered the New York State Attorney General, as the attorney for and agent of the New York State Department of Corrections and Community Supervision, to determine the identity, badge number, and service addresses of each unnamed defendant involved in the incidents described as occurring on November 17, 2021, at Sing Sing Correctional Facility. The Attorney General must provide that information to Lloyd and the court within 60 days of the order.

Within 30 days after receiving the information, Lloyd must file an amended complaint naming the John Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. After it is filed, the court will screen it and, if necessary, direct the Clerk to prepare service materials for the newly named defendants.

Discovery

The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to specified interrogatories and requests for production of documents. 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 directed the Clerk to issue summonses and arrange the papers needed for service on the five named defendants. It directed the Clerk to send the order and complaint to the New York State Attorney General, provide Lloyd with an amended-complaint form and an information package, and apply Local Civil Rule 33.2 to the case. Judge Philip M. Halpern did not enter a ruling on whether Lloyd’s underlying claims are valid.