Arriaga v. Annucci

Background

Anthony Arriaga filed a self-represented civil-rights action under 42 U.S.C. § 1983, alleging that the defendants violated his rights at Sing Sing Correctional Facility. The opinion states that Arriaga was incarcerated at Sullivan Correctional Facility when he filed the action. The complaint named Anthony Annucci, Michael Capra, Quandera T. Quick, Elaine Velez, and three unidentified defendants, listed as John/Jane Doe defendants. The unidentified defendants allegedly were involved in initiating Arriaga’s transfer from Sing Sing on July 17, 2022.

The court had previously granted Arriaga permission to proceed without prepaying court fees. That status permits the court and the U.S. Marshals Service to handle service of the complaint. The order explains that prisoners still remain responsible for paying the filing fee over time under the applicable statute.

Service on Named Defendants

The court directed the Clerk of Court to complete the required U.S. Marshals Service forms for Michael Capra, Quandera T. Quick, Anthony Annucci, and Elaine Velez. The Clerk must issue summonses and deliver the necessary paperwork to the Marshals Service so those defendants can be served.

The court stated that service must occur within 90 days after the summonses are issued. If service is not completed by then, Arriaga should ask for an extension of time. The court also warned that Arriaga must notify the court in writing of any address change and that failure to do so could result in dismissal of the action.

Identification of Unnamed Defendants

The court found that Arriaga had provided enough information for the New York State Department of Corrections and Community Supervision to identify the John/Jane Doe defendants involved in the transfer. The court therefore ordered the New York State Attorney General, identified as the attorney and agent for that department, to determine each Doe defendant’s identity, identifying number, and service address.

The Attorney General must provide that information to Arriaga and the court within 60 days of the order. Within 30 days after receiving the information, Arriaga must file an amended complaint naming the Doe defendants. The amended complaint will replace, rather than supplement, the original complaint. The court will screen the amended complaint after it is filed and may then direct the Clerk to arrange service on the newly identified defendants.

Other Assistance and Disposition

The court informed Arriaga that he could seek limited-scope assistance from the New York Legal Assistance Group’s clinic for people litigating civil cases without lawyers. The order clarified that the clinic is a private organization, is not part of the court, and would not become Arriaga’s attorney of record merely by providing limited assistance.

Judge Vincent L. Briccetti ordered the Clerk to complete the service forms for the four named defendants, deliver the necessary papers to the Marshals Service, and mail the order and complaint to the New York State Attorney General. The court also directed the Clerk to send Arriaga an information package and attached an amended prisoner civil-rights complaint form and clinic materials. The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. This order addressed service and case administration; the opinion did not decide whether Arriaga’s underlying civil-rights allegations were valid.