McFadden v. Keyser
- Nelson Roman
- 7:23-cv-00802
- U.S. District Court · Southern District of New York
- 7
In McFadden v. Keyser, Judge Roman ordered U.S. Marshals to serve defendants in McFadden’s prison-rights lawsuit and set discovery deadlines.
Robert McFadden and the 20 named defendants are affected. The U.S. Marshals Service and the Clerk of Court were directed to carry out service, and the defendants were given a 120-day deadline to respond to specified discovery requests.
What happened
McFadden v. Keyser is a lawsuit by Robert McFadden, who is incarcerated, against 20 named defendants concerning events allegedly occurring at Sullivan Correctional Facility between 2019 and 2022. He brought claims under a federal civil-rights law and the Religious Land Use and Institutionalized Persons Act, and he is representing himself.
The court had already allowed McFadden to proceed without paying filing fees in advance. This order directed the Clerk of Court to issue summonses and paperwork and directed the U.S. Marshals Service to serve all 20 defendants. It also extended the service deadline to 90 days after the summonses are issued and required defendants to respond to specified discovery requests within 120 days after service.
Judge Nelson S. Roman entered the order of service on February 27, 2023. The order addressed service and discovery procedures; it did not decide whether McFadden’s claims were legally valid or whether the defendants were liable.
The detailed version
- McFadden v. Keyser · No. 7:23-cv-00802
- Nelson Roman
- Feb. 27, 2023
Background
Robert McFadden, who is incarcerated at Mid-State Correctional Facility, brought this self-represented lawsuit under 42 U.S.C. § 1983 and the Religious Land Use and Institutionalized Persons Act. The complaint concerns events allegedly occurring at Sullivan Correctional Facility between 2019 and 2022 and names 20 defendants. The court had previously granted McFadden permission to proceed without prepaying filing fees.
Service of the Lawsuit
Because McFadden was allowed to proceed without prepaying fees, the court ordered the U.S. Marshals Service to serve the summonses and complaint on the named defendants. The Clerk of Court was instructed to prepare a U.S. Marshals Service process form for each defendant, issue the summonses, and provide the Marshals Service with the documents needed for service.
The court explained that the usual 90-day service period could not begin in the ordinary way because McFadden could not serve the defendants until the court reviewed the complaint and ordered summonses. The court therefore extended the service deadline to 90 days after the summonses are issued. If service is not completed within that period, McFadden should request an extension. The order also required McFadden to notify the court in writing if his address changes.
Discovery Requirement
The court held that Local Civil Rule 33.2 applies. That rule requires defendants in certain prisoner cases to respond to standard, court-ordered interrogatories and requests for production of 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.
Disposition
The court ordered the Clerk to issue summonses for and provide service materials concerning all 20 named defendants. It also directed the Clerk to mail McFadden a copy of the order and an information package. This was an order concerning service and discovery; the opinion does not decide the merits of McFadden’s claims.
Read the full 7-page opinion on CourtListener, the free public archive maintained by the Free Law Project.