DeJesus v. Santiago

Background

Roberto DeJesus, who is incarcerated at Auburn Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983, a federal law that allows claims against state actors for constitutional violations. He sued V. Santiago, P. Delovic, R. Mayes, F. Cotto, and A. Rodriguez. The court had previously granted DeJesus permission to proceed without prepaying filing fees.

Service of the Complaint

Because DeJesus was proceeding without prepaying the fees, the court ruled that he could rely on the court and the U.S. Marshals Service to serve the defendants. The Clerk of Court was instructed to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue summonses, and provide the Marshals Service with the documents needed for service.

The court stated that the complaint must be served within 90 days after the summonses are issued, and that DeJesus should request an extension if service is not completed within that period. He was also required to notify the court in writing if his address changes; the court warned that the action could be dismissed if he fails to do so.

Discovery

The court ruled that Local Civil Rule 33.2 applies to the action. That rule requires defendants in certain prisoner cases to respond to standard court-ordered interrogatories and requests for documents. The defendants must serve their responses within 120 days after service of the complaint and must quote each discovery request verbatim in their responses.

Request for Pro Bono Counsel

DeJesus asked the court to appoint a lawyer at no cost to him. In considering such a request, the court considers the apparent strength of the claims, the plaintiff’s efforts to obtain a lawyer, and the plaintiff’s ability to investigate and present the case without assistance. Because the case was at an early stage and the court could not yet evaluate its merits, Judge Seibel denied the request for pro bono counsel without prejudice to renewal later.

Disposition

The court denied DeJesus’s request for pro bono counsel without prejudice to renewal. It ruled that Local Civil Rule 33.2 applies, directed the Clerk to issue summonses and arrange for service through the U.S. Marshals Service, and certified that an appeal from the order would not be taken in good faith. The court therefore denied permission to appeal without prepaying fees. The order did not decide whether DeJesus’s constitutional claims were valid.