Jimenez v. Lashley
- Nelson Roman
- 7:23-cv-00628
- U.S. District Court · Southern District of New York
- 5
In Jimenez v. Lashley, Judge Roman ordered Marshals service and discovery responses in Steven Jimenez’s pro se civil-rights case.
Steven Jimenez and the three named defendants—Sergeant Lashley, Sergeant Boyd, and C.O. Mahone—are affected. The order requires the Clerk and U.S. Marshals Service to arrange service and requires the defendants to answer specified discovery requests.
What happened
Jimenez v. Lashley concerns Steven Jimenez’s claims that three correctional employees used excessive force and denied him medical care. He is incarcerated and is proceeding without paying filing fees in advance or having a lawyer.
The court directed the Clerk to issue summonses and provide the U.S. Marshals Service with the documents and addresses needed to serve Sergeant Lashley, Sergeant Boyd, and C.O. Mahone. The court also ruled that a local discovery rule applies, requiring the defendants to respond to specified discovery requests within 120 days after being served.
Judge Nelson S. Roman referred Jimenez to a legal clinic for possible limited assistance. The court also stated that an appeal from this order would not be taken in good faith and denied fee-free status for an appeal.
The detailed version
- Jimenez v. Lashley · No. 7:23-cv-00628
- Nelson Roman
- Mar. 1, 2023
Background
Steven Jimenez, who is incarcerated at Green Haven Correctional Facility, filed this action without a lawyer under 42 U.S.C. § 1983. He alleges excessive force and denial of medical care by Mr. Lashley, Mr. Boyd, and Mr. Mahone. The court had previously allowed Jimenez to proceed without paying filing fees in advance. That status does not eliminate a prisoner’s obligation to pay the full filing fee over time under the statute cited by the court.
Service of the Complaint
Because Jimenez was allowed to proceed without paying fees in advance, the court directed the U.S. Marshals Service to serve the defendants. The Clerk was instructed to complete the Marshals Service process forms, issue summonses, and send the paperwork needed for service on Sergeant Lashley, Sergeant Boyd, and C.O. Mahone. The court explained that the 90-day service period would run from the date the summonses are issued. If service is not completed within that period, Jimenez should request more time. The court also stated that Jimenez must notify it in writing if his address changes and that the action may be dismissed if he does not do so.
Discovery Requirement
The court ruled that Local Civil Rule 33.2 applies. Under that rule, the defendants must respond within 120 days after service of the complaint to specified interrogatories and requests for documents. Their responses must quote each discovery request word for word.
Legal Assistance and Disposition
The court referred Jimenez to the New York Legal Assistance Group’s clinic, which may provide limited assistance to people in civil cases who do not have lawyers. The court clarified that the clinic is a private organization and is not part of the court; filings must still be made by Jimenez through the Pro Se Intake Unit.
The order directs service, applies Local Civil Rule 33.2, and refers Jimenez to the clinic. It does not decide whether the excessive-force or medical-care allegations are legally or factually valid. The court also certified that an appeal from the order would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.