Stewart v. Medina
- Vincent Briccetti
- 7:23-cv-00880
- U.S. District Court · Southern District of New York
- 4
In Stewart v. Medina, Judge Briccetti ordered service of Stewart’s lawsuit and required Medina to answer standard discovery requests.
Gary A. Stewart, G. Medina, the Clerk of Court, and the U.S. Marshals Service. Medina must respond to the specified discovery requests, while the Clerk and Marshals Service must take steps to serve him.
What happened
In Stewart v. Medina, Gary A. Stewart, representing himself, alleges that Correction Officer G. Medina created a serious safety risk that led another incarcerated person to attack him at Sing Sing Correctional Facility. The court had allowed Stewart to proceed without paying the filing fee in advance.
The court directed the Clerk of Court to issue a summons and provide the U.S. Marshals Service with the documents and address needed to serve Medina. The court extended the service deadline to 90 days after the summons is issued and instructed Stewart to ask for more time if service is not completed by then.
Judge Vincent L. Briccetti also ruled that Local Civil Rule 33.2 applies. Medina must respond to the specified prisoner-case discovery requests within 120 days of the order, and the Clerk must mail Stewart an information package.
The detailed version
- Stewart v. Medina · No. 7:23-cv-00880
- Vincent Briccetti
- Feb. 8, 2023
Background
Gary A. Stewart brings a self-represented civil-rights action under 42 U.S.C. § 1983 against G. Medina, identified as a correction officer employed at Sing Sing Correctional Facility. Stewart alleges that Medina created a substantial risk to Stewart’s safety, resulting in an attack by another incarcerated person at Sing Sing.
The court had previously granted Stewart permission to proceed without prepaying the filing fee. That permission allows a plaintiff to rely on the court and the U.S. Marshals Service to serve the defendant. The order notes that incarcerated plaintiffs must still pay the full filing fee through the statutory process.
Service of Process
The court directed the Clerk of Court to complete a U.S. Marshals Service Process Receipt and Return form for Medina, issue a summons, and deliver the summons and other necessary papers to the Marshals Service. The Marshals Service is responsible for attempting service on Medina.
The court stated that service must be completed within 90 days after the summons is issued. If service is not completed within that period, Stewart should request an extension of time. Stewart must also notify the court in writing if his address changes; the court stated that failure to do so may lead to dismissal of the action.
Discovery
The court ruled that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to specified, court-ordered interrogatories and document requests. Medina must serve responses within 120 days after the date of the order and must quote each discovery request verbatim in the response. The court explained that Stewart may request copies of the standard discovery requests from the court’s Pro Se Intake Unit if he cannot access them online.
Disposition
This is an order arranging service and early discovery; it does not decide whether Stewart’s allegations are legally or factually correct. The court directed the Clerk to issue the summons, complete the service forms with Medina’s service address, send the required documents to the Marshals Service, and mail Stewart an information package. Judge Vincent L. Briccetti also ordered that Medina comply with Local Civil Rule 33.2 within 120 days of the order.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.