Bright v. Irman Russo, Annucci
- Nelson Roman
- 7:18-cv-11111
- U.S. District Court · Southern District of New York
- 3
In Bright v. Annucci, Judge Roman ordered U.S. Marshals service on Nurse Schmidt in Bright’s ongoing civil-rights case.
Willie Bright and Nurse M. Schmidt were directly affected: the Clerk and U.S. Marshals Service were directed to take steps to serve Schmidt, and Bright was responsible for completing service within the stated period and reporting any address change.
What happened
In Bright v. Annucci, Willie Bright, representing himself, brought a civil-rights lawsuit against numerous defendants. Nurse M. Schmidt was added as a defendant in Bright’s operative complaint.
The court directed the Clerk of Court to prepare the paperwork needed for the U.S. Marshals Service to serve Nurse Schmidt at Green Haven Correctional Facility. The court also reminded Bright that service must be completed within 90 days after the summons is issued, unless he requests more time, and that he must notify the court if his address changes.
Judge Nelson S. Roman issued the Sixth Supplemental Order of Service on January 3, 2023. The order addressed service only and did not decide the underlying claims.
The detailed version
- Bright v. Irman Russo, Annucci · No. 7:18-cv-11111
- Nelson Roman
- Jan. 3, 2023
Background
Willie Bright, proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against numerous defendants. The court had previously identified several defendants who were initially named only as “John Doe,” “Jane Doe,” or “Russo,” and had issued supplemental service orders for those defendants.
Bright later filed a Second Amended Complaint adding Nurse M. Schmidt. The court stated that the Second Amended Complaint was the operative complaint. Bright had also asked to file a supplemental complaint, but the court denied that request in an order dated December 27, 2022.
Order
To allow Bright to serve Nurse Schmidt through the U.S. Marshals Service, the court instructed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form and provide the Marshals Service with the summons and other necessary paperwork. The order listed Schmidt’s service address as Green Haven Correctional Facility, 594 Route 216, Stormville, New York 12582.
The court stated that Bright was responsible for ensuring service within 90 days after the summons was issued and for requesting an extension if necessary. It also instructed Bright to notify the court in writing if his address changed and directed the Clerk to mail Bright a copy of the order and record proof of mailing on the docket.
Disposition and Significance
This was a service order. It did not decide the merits of Bright’s claims against Schmidt or any other defendant. The court issued the order on January 3, 2023, with Judge Nelson S. Roman signing as the United States District Judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.