Lloyd v. Regisford
- Philip Halpern
- 7:22-cv-03744
- U.S. District Court · Southern District of New York
- 4
In Lloyd v. Regisford, Judge Halpern ordered U.S. Marshals service for two newly identified officers and extended the service deadline.
Donnell Lloyd, Correction Officers Henry Gutierrez and Miguel Malave, the Clerk of Court, and the U.S. Marshals Service.
What happened
In Lloyd v. Regisford, Donnell Lloyd, who is incarcerated and representing himself, sued under a federal civil-rights law over alleged violations while he was confined at Sing Sing Correctional Facility. The court had already allowed him to proceed without paying filing fees in advance.
The New York State Attorney General’s Office identified the two previously unnamed officers as Correction Officers Henry Gutierrez and Miguel Malave. The court directed the Clerk to remove the two John Doe defendants from the case caption, issue summonses, and provide the necessary paperwork to the U.S. Marshals Service so the Marshals could serve Gutierrez and Malave.
Judge Philip M. Halpern extended the service deadline to 90 days after the summonses are issued. The order also instructed Lloyd to notify the court if his address changes and stated that the case could be dismissed if he fails to do so. The order did not decide the merits of Lloyd’s allegations.
The detailed version
- Lloyd v. Regisford · No. 7:22-cv-03744
- Philip Halpern
- Dec. 30, 2022
Background
Donnell Lloyd brought this action under 42 U.S.C. § 1983, a federal law allowing claims for violations of constitutional rights by state actors. He alleged that defendants violated his rights while he was confined at Sing Sing Correctional Facility. Lloyd is incarcerated at Auburn Correctional Facility and is proceeding without a lawyer. The court had granted him permission to proceed without paying filing fees in advance.
The court previously directed the New York State Attorney General’s Office to identify correction officers initially named as John Doe defendants in connection with incidents on November 17, 2021. The Attorney General’s Office identified those defendants as Correction Officer Henry Gutierrez and Correction Officer Miguel Malave. The complaint was amended to name them.
Service of Process
Because Lloyd was allowed to proceed without paying filing fees in advance, the court explained that he could rely on the court and the U.S. Marshals Service to serve the summons and complaint. The court extended the usual 90-day service period until 90 days after the summonses are issued for Gutierrez and Malave.
The court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for each defendant, issue the summonses, and deliver the paperwork needed for service to the Marshals Service. The court stated that Lloyd should request more time if service is not completed within the extended period.
Order
Judge Philip M. Halpern directed the Clerk to terminate the two John Doe defendants from the caption, mail Lloyd a copy of the order, complete the service forms with Gutierrez’s and Malave’s addresses, and provide the necessary documents to the Marshals Service. Lloyd was also ordered to notify the court in writing of any address change, and the court stated that the action could be dismissed if he failed to do so. The order addressed service procedures and did not decide the merits of the civil-rights claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.