Williams v. Smith
- Cathy Seibel
- 7:22-cv-06482
- U.S. District Court · Southern District of New York
- 4
In Williams v. Smith, Judge Seibel ordered service of Williams’s complaint on Smith and required standard prisoner-case discovery.
Marquise Williams and Marquis Smith; the order also directs the Clerk of Court and the United States Marshals Service to complete service.
What happened
Marquise Williams, who is incarcerated at Collins Correctional Facility and is proceeding without a lawyer, filed this case under 42 U.S.C. § 1983 seeking damages from Westchester County Jail Correction Officer Marquis Smith.
The court had previously allowed Williams to proceed without paying filing fees in advance. It directed the Clerk of Court and the United States Marshals Service to issue the summons and serve Smith with the complaint. Williams must ask for more time if service is not completed within 90 days after the summons is issued.
Judge Cathy Seibel also ordered Smith to answer the required prisoner-case discovery requests within 120 days after being served, quoting each request in his response. This order addresses service and discovery; it does not decide the underlying claims.
The detailed version
- Williams v. Smith · No. 7:22-cv-06482
- Cathy Seibel
- Aug. 30, 2022
Background
Marquise Williams, who is incarcerated in Collins Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He seeks damages from Westchester County Jail Correction Officer Marquis Smith.
The court had granted Williams permission to proceed without paying court fees in advance. The order notes that prisoners must still pay the full filing fee under the applicable statute, even when granted that permission.
Service of the Complaint
Because Williams was allowed to proceed without paying fees in advance, the court directed the United States Marshals Service to serve Smith. The Clerk of Court was ordered to issue a summons, complete a United States Marshals Service process receipt and return form with Smith’s service address, and provide the Marshals Service with the documents needed to serve the summons and complaint.
If the complaint is not served within 90 days after the summons is issued, Williams should request an extension of time. Williams must also notify the court in writing if his address changes; the court stated that it may dismiss the action if he fails to do so.
Discovery Requirement
The court determined that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered discovery requests. Smith must respond to the listed interrogatories and requests for production within 120 days after he is served with the complaint, and his response must quote each request verbatim.
Disposition
Judge Cathy Seibel directed the Clerk of Court to mail Williams an information package, issue the summons, complete the service form, and deliver the necessary documents to the United States Marshals Service. The court also directed Smith to comply with Local Civil Rule 33.2 within 120 days after service. The order does not decide the merits of Williams’s § 1983 claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.