Javier v. Russo
- Vincent Briccetti
- 7:21-cv-07097
- U.S. District Court · Southern District of New York
- 2
In Al Javier v. Anthony Russo, Judge Briccetti extended the service deadline for four defendants to December 30, 2022.
Al Javier and the four defendants whose service deadline was extended: Anthony Russo, Anthony Annucci, Anthony Rodriguez, and James Morrissey.
What happened
Al Javier sued Anthony Russo and others under a federal civil-rights law, alleging violations of his constitutional rights. He was proceeding without a lawyer and without paying filing fees.
The court had ordered federal marshals to serve Russo, Anthony Annucci, Anthony Rodriguez, and James Morrissey after updated addresses were provided. The docket did not show that those defendants had been served, although the court was told that marshals were working on service.
Judge Briccetti extended the deadline to serve those four defendants to December 30, 2022. The court also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Javier v. Russo · No. 7:21-cv-07097
- Vincent Briccetti
- Nov. 10, 2022
Background
Al Javier brought claims under 42 U.S.C. § 1983, a federal law allowing claims against state actors for violations of constitutional rights. The opinion states that Javier was proceeding without a lawyer and without paying filing fees. He filed an amended complaint on December 2, 2021.
The court issued an order directing the U.S. Marshals Service to serve the defendants. After the New York State Attorney General’s Office provided updated addresses, the court issued an amended service order covering Anthony Russo, Anthony Annucci, Anthony Rodriguez, and James Morrissey. The docket did not show that these defendants had been served, although the court had been informed that the Marshals Service was working to complete service.
Ruling
The court extended, on its own initiative, the deadline under Federal Rule of Civil Procedure 4(m) to serve Russo, Annucci, Rodriguez, and Morrissey until December 30, 2022. The order did not decide the merits of Javier’s constitutional claims.
The court also certified that any appeal from the order would not be taken in good faith and denied Javier the ability to appeal without paying the required fees. The court directed its chambers to mail a copy of the order to Javier at the address listed on the docket.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.