Boyd v. Guthrie
- Nelson Roman
- 7:22-cv-08549
- U.S. District Court · Southern District of New York
- 5
In Boyd v. Guthrie, Judge Roman ordered service on all defendants and required their responses to standard prisoner-case discovery.
Nyjee Boyd and the fifteen named defendants, who were affected by the service instructions and the discovery deadline.
What happened
In Boyd v. Guthrie, Nyjee Boyd, who is incarcerated and representing himself, sued correctional employees and others for damages under a federal civil-rights law. The order did not decide whether Boyd’s claims were valid.
Because Boyd had permission to proceed without prepaying filing fees, the court directed the Clerk of Court and the U.S. Marshals Service to serve all defendants. The court also extended the service deadline to 90 days after the summonses are issued and instructed Boyd to notify the court if his address changes.
Judge Nelson S. Roman further directed the defendants to answer standard prisoner-case discovery requests under Local Civil Rule 33.2 within 120 days after service of the complaint. The court ordered the Clerk to mail Boyd a copy of the order and an information package.
The detailed version
- Boyd v. Guthrie · No. 7:22-cv-08549
- Nelson Roman
- Oct. 28, 2022
Background
Nyjee Boyd, who is incarcerated at Coxsackie Correctional Facility and is representing himself, brought an action under 42 U.S.C. § 1983 seeking damages based on events allegedly occurring at Sing Sing Correctional Facility. The defendants include correctional officers, correctional sergeants, a nurse, a disciplinary hearing officer, a superintendent, and a deputy superintendent.
The court had previously granted Boyd permission to proceed without prepaying filing fees. This order addressed service of the complaint and discovery procedures; it did not decide the merits of Boyd’s claims.
Service of the Complaint
The court directed the Clerk of Court to issue a summons for each defendant, complete a U.S. Marshals Service Process Receipt and Return form for each defendant, and provide the necessary documents to the U.S. Marshals Service. The Marshals Service is responsible for serving the defendants because Boyd was permitted to proceed without prepaying fees.
The court stated that if the complaint is not served within 90 days after the summonses are issued, Boyd should request an extension of time. The court also instructed Boyd to notify the court in writing if his address changes and stated that the action may be dismissed 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. The defendants must serve responses to the standard interrogatories and document requests within 120 days after service of the complaint, and their responses must quote each request verbatim.
Disposition
The court directed the Clerk to mail Boyd the order and an information package, issue summonses for all defendants, complete the service forms, and deliver the necessary documents to the U.S. Marshals Service. The court further directed the defendants to comply with Local Civil Rule 33.2 within 120 days after service of the complaint. This was a procedural order concerning service and discovery, not a ruling on the underlying claims.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.