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 the Marshals Service to serve Nurse Myra Schmidt in Willie Bright’s civil-rights case.
Willie Bright and Nurse Myra Schmidt are directly affected. The Clerk of Court and the U.S. Marshals Service must take steps to complete service on Schmidt.
What happened
In Willie Bright v. Anthony Annucci, et al., Bright brought a civil-rights lawsuit under a federal law against multiple defendants. He represented himself and was allowed to proceed without paying filing fees. Nurse Myra Schmidt was added as a defendant in the operative complaint.
The Marshals Service tried to serve Schmidt at Green Haven Correctional Facility, but she no longer worked there. The New York State Attorney General later provided another address for her at the New York State Department of Corrections and Community Supervision’s Office of Counsel in Albany.
Judge Nelson S. Roman ordered the Clerk of Court to prepare the service paperwork and summons so the Marshals Service could serve Schmidt. Bright must ensure service within 90 days after the summons is issued, request more time if needed, and notify the court of any address change.
The detailed version
- Bright v. Irman Russo, Annucci · No. 7:18-cv-11111
- Nelson Roman
- Apr. 21, 2023
Background
Willie Bright filed this action under 42 U.S.C. § 1983 and was proceeding without a lawyer. The operative pleading was Bright’s Second Amended Complaint, filed on December 3, 2021. It named Nurse M. Schmidt as an additional defendant.
The court previously ordered service on Schmidt. The U.S. Marshals Service attempted service at Green Haven Correctional Facility, but the receipt was returned unexecuted because Schmidt did not work there. The court then directed the New York State Attorney General to determine Schmidt’s address. The Attorney General provided an address on April 14, 2023.
Court’s action
The court instructed the Clerk to complete a U.S. Marshals Service Process Receipt and Return form for Nurse Myra Schmidt and to issue a summons. The Clerk was also directed to give the Marshals Service the paperwork needed to serve Schmidt at the New York State Department of Corrections and Community Supervision, The Harriman State Campus, Building 2, through the Office of Counsel in Albany, New York.
The order states that Bright is responsible for ensuring service within 90 days after the summons is issued. It also states that Bright may request an extension if necessary, must notify the court in writing if his address changes, and may face dismissal of the action if he fails to do so. Judge Nelson S. Roman signed the order.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.