Castelan v. John
- Nelson Roman
- 7:22-cv-09326
- U.S. District Court · Southern District of New York
- 4
In Castelan v. John, Judge Roman ordered service on the defendants and required their responses to standard discovery requests.
Christian Castelan, the three correctional defendants, the Clerk of Court, and the U.S. Marshals Service.
What happened
Castelan v. John is Christian Castelan’s lawsuit under a federal civil-rights law against three Sing Sing correctional employees. Castelan is representing himself and seeks damages, but this order does not describe the events or legal claims underlying the lawsuit.
The court had allowed Castelan to proceed without prepaying filing fees. It directed the Clerk of Court to issue summonses, complete service forms, and send the necessary documents to the U.S. Marshals Service so the defendants could be served. The court also extended the service period to 90 days after the summonses are issued.
Judge Nelson S. Roman directed the defendants to answer Castelan’s standard discovery requests within 120 days after the complaint is served, quoting each request word for word in their responses. The order also requires Castelan to report any address change in writing and directs the Clerk to send him the order and an information package.
The detailed version
- Castelan v. John · No. 7:22-cv-09326
- Nelson Roman
- Nov. 29, 2022
Background
Christian Castelan, who is incarcerated at Sing Sing Correctional Facility, filed a lawsuit without a lawyer under 42 U.S.C. § 1983, a federal civil-rights statute. He seeks damages from Correctional Officer Keenan A. John, Correctional Officer Shaun H. Kerr, and Correctional Sergeant Bermann Joseph. The opinion does not describe the alleged events or the specific claims against these defendants.
In an order dated November 1, 2022, the court granted Castelan permission to proceed without prepaying filing fees. Because he received that permission, the court directed the U.S. Marshals Service to serve the summonses and complaint on the defendants.
Service of Process
The court instructed the Clerk of Court to:
- prepare a U.S. Marshals Service Process Receipt and Return form for each defendant; - issue a summons for each defendant; and - deliver the documents needed for service to the U.S. Marshals Service.
The court extended the time for service to 90 days after the summonses are issued. If the complaint is not served within that period, Castelan should request more time. The court also directed Castelan to notify it in writing if his address changes and stated that the case may be dismissed if he does not 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 Castelan’s standard interrogatories and requests for production of documents within 120 days after service of the complaint. Their responses must quote each discovery request verbatim.
Disposition
Judge Nelson S. Roman directed service of the lawsuit through the U.S. Marshals Service and directed the defendants to comply with Local Civil Rule 33.2. The order does not decide the merits of Castelan’s claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.