Orlando v. Zamilus
- Vincent Briccetti
- 7:22-cv-06161
- U.S. District Court · Southern District of New York
- 3
In Orlando v. Zamilus, Judge Briccetti ordered the U.S. Marshals Service to serve the defendant in Orlando’s medical-care lawsuit.
Mark Orlando, Dr. Gaetan Zamilus, the Clerk of Court, and the U.S. Marshals Service.
What happened
Mark Orlando, who is incarcerated at Greenhaven Correctional Facility, sued Dr. Gaetan Zamilus under a federal civil-rights law, alleging that Dr. Zamilus failed to provide adequate medical care while Orlando was incarcerated at Fishkill Correctional Facility.
The court had allowed Orlando to proceed without paying court fees upfront. Because of that permission, the court directed the Clerk of Court to issue a summons, prepare the required service form, and send the necessary papers to the U.S. Marshals Service.
Judge Vincent L. Briccetti also extended the service deadline to 90 days after the summons is issued. The order did not decide whether Orlando received inadequate medical care or whether Dr. Zamilus was liable.
The detailed version
- Orlando v. Zamilus · No. 7:22-cv-06161
- Vincent Briccetti
- Aug. 16, 2022
Background
Mark Orlando, who is currently incarcerated at Greenhaven Correctional Facility, brought this action under 42 U.S.C. § 1983 against Dr. Gaetan Zamilus. Orlando alleges that Dr. Zamilus failed to provide adequate medical care when Orlando was incarcerated at Fishkill Correctional Facility. The opinion does not decide the truth of those allegations or the defendant’s liability.
The court had previously granted Orlando permission to proceed without prepaying filing fees. This permission is commonly called proceeding in forma pauperis, or “IFP.” The court explained that an IFP plaintiff may rely on the court and the U.S. Marshals Service to complete service of the summons and complaint.
Service Order
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Dr. Zamilus, issue a summons, and deliver the documents needed for the Marshals Service to serve Dr. Zamilus. The order identifies the service address as Fishkill Correctional Facility, 18 Strack Drive, Beacon, New York 12508.
The court extended the time for service to 90 days after the summons is issued because Orlando could not serve the summons and complaint before the court reviewed the complaint and ordered issuance of the summons. The court stated that Orlando should request an extension if service is not completed within that period. Orlando must also notify the court in writing of any address change, and the court may dismiss the action if he fails to do so.
Disposition
Judge Vincent L. Briccetti ordered the Clerk of Court to issue the summons, complete the service form, and provide the necessary documents to the U.S. Marshals Service. The Clerk was also directed to mail Orlando a copy of the order and an information package. This order concerns service of process and does not resolve the medical-care claim.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.